european patents update, page-4

Cool,

I reckon a definite No on 1), because these are specific therapeutics which BLT will have their own patents for.

2) Without knowin any detail, the fact it is Europe's Graham patent, sounds like it allows at least some freedom
for others in Europe for use of ddRNAi.

But as we saw in the USPTO re-exam sometimes these decisions can get flipped on appeal quite easily. The examiners / judges don't always fully understand what they are looking at in first instance, so this is where having it appealable is very handy. Also, having it being the only jurisdiction not letting Graham hold up can add weight to Benitec/CSIRO arguements in appeal.

CSIRO are master patent defenders, so we're in good hands. That is provided Abbott doesn't ban them from flying to Europe as a cost cutting measure. Face to face very important in these patent resolutions when judges / examiners need to be held by hand.

But i ain't no patent expert either!

Must be a good reason why so many people spend so much time opposing Benitec's patents..anyone got any clues why ;-)