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Patenting CAD proteins?
Posted by Anonymous . updated on 2/26/2009
Can anyone tell me where I should begin to understand the state of patent law on molecular simulations and patents?
I found an abstract of a paper, but can't get the full text. here is the abstract:
The problem of designing new peptides that possess specific properties, such as bactericidal activity, is of wide interest. Recently, attention has focused on the use of Computer-Aided Molecular Design techniques in parallel with more traditional 'synthesise and test' methods. These techniques may typically use Genetic Algorithms to optimise molecules based on Neural Network models that predict activity. In this paper we describe a successful application of this Molecular Design methodology that has resulted in novel bactericidal peptides of real value. A key issue for commercial utilisation of such results is the ability to protect the intellectual property rights associated with the discovery of new molecules. Typically peptide patents use structural templates of amino acid hydrophobicity-hydrophilicity that define highly regular peptide patent spaces. In an extension of established patenting practice we describe a patent application that uses a Neural Net predictive model to define the regions of peptide space that we claim within the patent. This formalism makes no a priori assumptions about the regularity of the patent space. A preliminary comparative investigation of the shape and size of this and other bactericidal peptide patent spaces is conducted.
Answers (6)
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Young Zhu
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Hello, I don't think there are any special patent laws on CAD or protein. You can patent on anything as long as you intent it and it is useful. Of course you should be the first to invent it.
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Will Ro...
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So if I have a NAMD C++ program that simulates some protein docking scenario. I can patent this. Which would allow me to prevent other from using the actual protein...or the simulation? With the EST gene patents, those were in silico discoveries, does anyone know whether this distinction between simulated proteins has been made?
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Young Zhu
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You can protect both your simulation method and simulated proteins dependiing on your claims.
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JSonnab...
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What utility does a "simulated protein" have? If the "inventor" is using commercially/publicly available software to create his "simulated protein", does that render the "simulated protein" obvious?
I also question whether a patent covering a "simulated protein", if achievable at all, would cover the actual protein. Would a patent covering a "simulated protein" enable the synthesis of a real-world protein?
The best advice you can get here is to not rely on any advice here except: if your invention is important, speak directly to an attorney.
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Will Ro...
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Well, I'm a student doing a project on the bioinformatics database debate. The conclusion of my paper speculates on the exponential increase in simulated proteins given rapid increases in proteomics research using molecular dynamics simulation. This rise will be especially important for nanotech applications as well. So I've contacted one attorney who is a PhD--JD and will be asking here some questions, but wanted to get a general feel for what this group thought. You think it would be problematic for the usefulness, but if I had the best model of a simulation of a protein ligand docking situation, it seems the utility component would be there.
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JSonnab...
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What you say may be correct. You should keep in mind, however, that any patent on the simulated protein would likely not cover use of the real-world protein. Your attorney can advise you better on that, however, based on your disclosure to him.
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