tag:blogger.com,1999:blog-4665971923360779136.post7391739886042062060..comments2024-03-25T10:31:40.979+00:00Comments on Tufty the Cat: Time-Lapse IVF - A non-patentable method of diagnosis?Tufty the Cathttp://www.blogger.com/profile/09803006996232662500noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-4665971923360779136.post-68212879403075651712013-10-31T17:24:17.027+00:002013-10-31T17:24:17.027+00:00The UK-IPO biotech guidelines state:
“Human toti...The UK-IPO biotech guidelines state: <br /><br />“Human totipotent cells have the potential to develop into the entire human body. In view of this potential, such cells are not patentable because the human body at various stages of its formation and development is excluded from patentability…”. <br /><br />Seems to relate to recital 42 of the biotech directive. If totipotent stem cells are considered a human body (a big if), then human embryos should be even more so. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-12735745923573797862013-10-23T14:06:15.863+00:002013-10-23T14:06:15.863+00:00Agreed. Apology accepted.Agreed. Apology accepted.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-1986343750708706832013-10-23T14:05:44.779+00:002013-10-23T14:05:44.779+00:00I am sorry you think that. I don't think they ...I am sorry you think that. I don't think they were insulting, and certainly weren't meant to be. A robust dialogue is one thing, name-calling is quite another.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-67657289921679353412013-10-23T13:31:40.135+00:002013-10-23T13:31:40.135+00:00Dear David - I did not suggest that EPAs are lazy ...Dear David - I did not suggest that EPAs are lazy - indeed I know that they are not. Perhaps we can close this dialogue with a friendly good-bye. JulianAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-8411507291002911112013-10-23T12:37:42.565+00:002013-10-23T12:37:42.565+00:00Dear Dr Pearce - You went there first - the last l...Dear Dr Pearce - You went there first - the last lines of your letter to RMBO were quite simply insulting. JulianAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-6935878705800671922013-10-23T08:01:25.682+00:002013-10-23T08:01:25.682+00:00In relation to your accusation of laziness against...In relation to your accusation of laziness against fellow professional representatives, please refer to point 5(a) of the Code of Conduct of the Institute of Professional Representatives before the European Patent Office (OJ EPO 2003, 523). I would appreciate not being addressed in such terms.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-77936664018713158382013-10-23T07:11:21.397+00:002013-10-23T07:11:21.397+00:00Thank you for your comment Julian. Could you pleas...Thank you for your comment Julian. Could you please point out the flaws in my review? Having read your article and the notice of opposition I am still of the opinion that it is bound to fail. Your article does not mention that G 1/04 requires a diagnostic method to include a <i>"diagnosis for curative purposes stricto sensu"</i>. Could you comment on this?Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-69362568570625998272013-10-23T03:17:06.335+00:002013-10-23T03:17:06.335+00:00What can one say? You are patent attorneys - don&#...What can one say? You are patent attorneys - don't be so lazy. Read the original article and not some recontextualised version. It's downloadable for free from the journal's website and you should be capable of seeing the flaws in the review above without my help. Julian CockbainAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-45136132843721504142013-10-22T09:59:32.506+00:002013-10-22T09:59:32.506+00:00An interesting idea, although I think that is even...An interesting idea, although I think that is even more far-fetched than the idea that the claim is a method of diagnosis. The claim does not include the step of embryo transfer, so could presumably not be considered to be either therapy or surgery for at least this reason. Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-68874899526564401992013-10-22T09:46:17.828+00:002013-10-22T09:46:17.828+00:00Interpreting it as a diagnosis on the embryo (or i...Interpreting it as a diagnosis on the embryo (or its precursor) is only one way of interpreting the claim. Another albeit more far-fetched would be to interpret the claim objectively as a therapeutic step to prevent hazardous conditions during pregnancy. Then the standards of T820/92 or T82/93 could be applied. Worth the try?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-50839212431422444142013-10-18T13:27:32.700+00:002013-10-18T13:27:32.700+00:00Ah, I think I get it now: a patent on (i.e. granti...Ah, I think I get it now: a patent on (i.e. granting a monopoly over) time. I agree with the author that such a patent would be fairly controversial, but I doubt one would ever be granted (even by the USPTO!).SGhttps://www.blogger.com/profile/14533346450129049222noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-62914942592561932952013-10-18T12:41:51.329+00:002013-10-18T12:41:51.329+00:00Yes, that was me. As far as I understand it a &quo...Yes, that was me. As far as I understand it a "patent on time" would have a claim to time itself, which is ridiculous as well as being not novel and not what the patent claims.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-79099244357321798802013-10-18T12:06:05.202+00:002013-10-18T12:06:05.202+00:00Did you not add the text in red, which states &quo...Did you not add the text in red, which states "None of these are, of course, patents on time"? It doesn't appear in the linked abstract.SGhttps://www.blogger.com/profile/14533346450129049222noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-60422765682583490632013-10-18T11:04:54.783+00:002013-10-18T11:04:54.783+00:00A good question, but one that I think you would ne...A good question, but one that I think you would need to ask the authors of the article in question, not me.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-4665971923360779136.post-51456737227164479722013-10-18T10:52:28.807+00:002013-10-18T10:52:28.807+00:00Forgive my ignorance, but could you explain what a...Forgive my ignorance, but could you explain what a 'patent on time' is please? Googling for the phrase "patent on time" in quotation marks brings up a lot of seemingly irrelevant pages about renewing patents on time, and this blog post appears in the first page of results.SGhttps://www.blogger.com/profile/14533346450129049222noreply@blogger.com