Introduction
Following the guidelines set by the patent laws, new claims must guarantee their originality and authenticity by presenting the claims to the board responsible for accepting new discoveries and patents (Quinn, 2014). It is important for the patents’ owners to undergo legal proceedings because other people might take the opportunity to steal the rights through the same proceedings. However, presenting patents are never easy, as there are several points to be considered for approval.
In this case, the group recently discovered a compound which can be extracted from the species Fearus tortoisiae, which can only be found within the vicinity of University of Maryland College Park. The compound has the potential to kill disease cells, including cancer, prostate, selectively, as well as to treat brain and kidney disorders. The group wanted to make a claim of the patent as soon as possible. The findings are all set for presentation to the board.
Body
Since the group has already established the credibility and originality of the new compound, the board of directors should consider their proposal. With the sufficiency of data presented, the board will consider the significance of this new discovery. This will be done by looking back on previous related patents, and determine if the new compound is completely related and suitable for what is currently needed by the agencies such as the Food and Drug Administration. Fortunately, the company is looking forward for such needs, and is able to provide the necessary requirements needed by the FDA, especially the production of a natural product.
Also, the boards will take consideration into the progress of the research on the compound. Since the compound is newly-discovered, the board will take notice of the potential capabilities and properties of the compound. Even if they ask questions which might only relate to the actual patent by little, it is still important to discuss with them the basic findings of the research, and more importantly, be honest with the recent findings. It is only to determine the proficiency of the research team in the field, as well as the members’ integrity and professionalism. Eventually, the questions will deviate back to the patent, so be true in answering all the questions. Be true in stating the fact that the group found the potential of the compound, but still unable to do tests for humans due to limited time. The board will acknowledge that fact, and recognizes the effort and the originality of the research. The research is fresh and new, so it is highly possible that there are lacking data which the board wanted to find out. If possible, ask for support or time for additional tests for the compound. The board might want to help, especially that agencies needed such products, thus, a chance for sponsorship and additional support. The possible lack of data needed for introducing the compound is not a failure, but rather, a huge step towards wider perspectives and more possibilities, and the patent is a huge evidence of that.
Recommendation
Honestly speaking, the claims are still not enough to describe the new invention. The claims need to be more specific. It is true that a new compound is discovered, but the question lies on ‘how the compound treats cancer and prostate cells? How about the brain and kidney diseases?’ These questions are needed to be addressed further because the method will determine the distinct characteristics of the compound and the invention. However, as stated before, more data are needed, especially on the effects of the compound in the humans. Once this is established, the patent will become significant, especially in the field of medicine, because of its aforementioned therapeutic properties. Nevertheless, the invention is a huge step in achieving this, and the group deserves to claim the patent for this new discovery.
Reference
Quinn, G. (2014). Understanding Patent Claims - IPWatchdog.com | Patents & Patent Law. Retrieved June 21, 2016, from http://www.ipwatchdog.com/2014/07/12/understanding- patent-claims/id=50349/
