I said to myself  “I wonder what the present status of the Trauma Patent – patent application no Patent 12/302.931  is at the USPTO ?  …”

Lesson learned – in short  “Let sleeping dog lie”  Sometimes some questions are better of unasked.  Or at least you should be prepared to get an unwanted answer, and certainly not ask questions while sipping hot coffee.  But don’t worry – the story has a happy ending.

In the afternoon  I did a routine scan of BioPorto’s patent applications in the USPTO and decided today was the day where I would review the documents regarding the Trauma patent.

FINAL Rejection – it said carved in stone  ….

After drying off my laptop, I began to review my options What do you do? Well, first of all I thought back at the stock-price-massacres BioP experienced when a more or less explicable event has been interpreted somewhat / very alternative of “patent experts” with limited language skills  (noone mentioned. – my command of english is also rudimentary)

So, the obvious thing to do, is to sit down to read the whole case .. AND write to BioPorto.

The last part was a very good idea , my mood is MUCH better now …

my first write BioP …

Hi Thea …

what is this? something we should be observant of – and be proactive? (Patent 12/302.931 – final rejection). Taught by experience, it can be better to address obstacles the moment they arise

Yours sincerely,

and very shortly afterwards the answer came :

Dear …………..

We received in May 2012 a Final Office Action / Final Rejection from USTPO regarding our trauma Patent Application in USA.

A Final Rejection is just an indication that BioPorto must pay a new fee, so that the review can be continued in USTPO. The patent application is not rejected , the wording is wrong BioPorto is presently preparing a response to USTPO.

 

Sincerely / Best regards

Gry Louise Larsen Husby
Corporate Lawyer / Corporate legal counsel
E-mail GHL@bioporto.com
By now my attention had risen  -so I read (some) of the claims and counterclaims.  Currently its an exchange of point-of-views between Abbott (surprise) and BioPorto (Høiberg). Abbott relies very on the claims of  CCH – and BioPorto relies  on the facts :) …. It’ll probably go as at EPO – BioP will get a trauma patent eventually  – the case is under consideration by our all time favorite examiner Christine Foster ….

About Stengaard

BioPorto investor from way back when... I've invested in BioPorto ever since they made their debut on the danish stock exchange, it been a looooong journey with many obstacles. But well worth it all if Bioporto maintains their patent after the proceedings in 2014, and enters into agreements with Global Distributors in 2012 and 2013 If not, then it'll take another xx.years :)

 

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