The BioP US patent family, who’s next…

Bioporto has filed for more US patents,  all related to measurement of NGAL. One thing strikes you when you look at the various applications.

Take a look for yourself – if at first you don´t see the common denominator  scroll down

Exclusion patent.

The ratio patent:

The CutOff patent:

scroll down

scroll further

almost there:

the applications are all being examined by Christine Foster. read about ALL the patents that Christine Foster has examined – she must be one very bright lady. http://patents.justia.com/examiner/CHRISTINEFOSTER.html

Anyway – Christine has proven to be somewhat sceptical about the patents of BioPorto, so the breakthrough is remarkable. I think it might be a little premature to say she has changed her mind completely about how she sees things regarding the vital cut-off-patent, but the recent decision seems to imply that she has a less stern perception of  NGAL.. Lets hope for a summer of approvals 🙂

When comparing the wrappers – there is one possibly interesting small coincidence. Christine Foster worked on the ratio patent and the exclusion patent almost simultanously. The first (ratio) has – as you already know been granted. The second application (exclusion) – well – no entries since may the 8th… (the last entry before issuing the ratio patent was may 7th)

What can we possibly read into this ? It could be nothing, a mere coincidence …BUT -on the other hand –  it could indicate that a decision is imminent. As we all know, such a decision can go both ways (at least – there also the option of requesting amendments, reconsideration upon receiving such etc).

If the same modus operandi and the same patterns we have seen with the Ratio-patent is applicable on the Exclusion Patent – then it will be an interesting next couple of weeks.

Lets not get our hopes up too high – a decision can go either way. A rejection of the exclusion patent does NOT mean than the cut-off patent cannot be issued (but of course it makes it less likely)

You can monitor all Utthenthal applications here: