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:
