I’ve had a good look at the patent today (the first time I have read it from top to bottom). I have to say everything actually fits into place very well now and I recommend that anyone who hasn’t read it yet do so right away.
Moving on to what I noticed. The patent itself doesn’t mention all known EGFR inhibitors either naturally occurring or those synthetically produced. It seems every now and again people get side tracked by the idea that:
“maybe Follica didn’t place naturally occurring EGF-R’s in the patent because they wouldn’t be able to patent them, so in order to protect themselves they only mentioned synthetic inhibitors.â€
The first thing to point out is that the inventors (named on the first page of the patent) are not patenting a substance or a physical thing, they are patenting a process, a methodology; a particular way of using materials for a specific purpose in such a way that has never been done before (a method/process that does not exist in the prior art).
Now, because they are patenting a process they have carte-blanche to use whatsoever material they wish (because they are not seeking to protect the production and commercial use of the material as it was originally intended but for the new purpose that they intend it to be used).
An example would be if I found that my own sperm could open a trans-dimensional worm hole into Hugh Heffners Playboy Mansion, so long as it underwent a novel process I could patent that process even though my spunk is naturally occurring.
A case in point is the inclusion of both an already patented and trademark registered product Humax that appears in the “Follica†patent. Now if the inventors of the “Follica†patent were simply not placing items in the patent because they couldn’t protect the item itself then why would they place an already patented and trademarked product in their patent (because the product is being used in a new way, namely EDIHN)
Now turn this question on its head. If the inventors of the “Follica†patent can place any single or multiple EGFR in their patent and still successfully protect their investment (because they are patenting the method/process) and they believed any EGFR would do natural or synthetic then why did they list only specific EGFR inhibitors, and why were all of those EGFR inhibitors synthetic. Probably because the only ones that work, in the way we and Follica want them to, are those listed in the patent. After all I don’t see Quercetin anywhere in the patent.
For the reasons stated above I do not think any success would be had from a naturally occurring EGFR and possibly not even from any other EGFR not specifically mentioned in the patent.
There was a chap in this forum who called everyone stupid for not following the patent to the letter, I don't agree with his delivery at all but I think he a bit of a point. Whilst i'm not saying that the patent does not allow some room for manoeuvre, I do not think that room exists in choice of EGFR inhibitors beyond those specified in the patent.
I’d be interested to hear your thoughts.
Moving on to what I noticed. The patent itself doesn’t mention all known EGFR inhibitors either naturally occurring or those synthetically produced. It seems every now and again people get side tracked by the idea that:
“maybe Follica didn’t place naturally occurring EGF-R’s in the patent because they wouldn’t be able to patent them, so in order to protect themselves they only mentioned synthetic inhibitors.â€
The first thing to point out is that the inventors (named on the first page of the patent) are not patenting a substance or a physical thing, they are patenting a process, a methodology; a particular way of using materials for a specific purpose in such a way that has never been done before (a method/process that does not exist in the prior art).
Now, because they are patenting a process they have carte-blanche to use whatsoever material they wish (because they are not seeking to protect the production and commercial use of the material as it was originally intended but for the new purpose that they intend it to be used).
An example would be if I found that my own sperm could open a trans-dimensional worm hole into Hugh Heffners Playboy Mansion, so long as it underwent a novel process I could patent that process even though my spunk is naturally occurring.
A case in point is the inclusion of both an already patented and trademark registered product Humax that appears in the “Follica†patent. Now if the inventors of the “Follica†patent were simply not placing items in the patent because they couldn’t protect the item itself then why would they place an already patented and trademarked product in their patent (because the product is being used in a new way, namely EDIHN)
Now turn this question on its head. If the inventors of the “Follica†patent can place any single or multiple EGFR in their patent and still successfully protect their investment (because they are patenting the method/process) and they believed any EGFR would do natural or synthetic then why did they list only specific EGFR inhibitors, and why were all of those EGFR inhibitors synthetic. Probably because the only ones that work, in the way we and Follica want them to, are those listed in the patent. After all I don’t see Quercetin anywhere in the patent.
For the reasons stated above I do not think any success would be had from a naturally occurring EGFR and possibly not even from any other EGFR not specifically mentioned in the patent.
There was a chap in this forum who called everyone stupid for not following the patent to the letter, I don't agree with his delivery at all but I think he a bit of a point. Whilst i'm not saying that the patent does not allow some room for manoeuvre, I do not think that room exists in choice of EGFR inhibitors beyond those specified in the patent.
I’d be interested to hear your thoughts.