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Collier Legal

Biotechnology Patents

Biotechnology patents protect innovations in biological science. Biotechnology is a combination of biological sciences and engineering to produce valuable products or services. Biotechnology includes genetically engineered organisms, chemical compounds, medical devices, and technology used in the field of biological sciences.

biotechnology patented subject matter

Types of Biotechnology Patents

Biotechnology patents can include a broad spectrum of subject matters, but they are generally directed to the following categories:

  • chemical patents
  • medical device patents
  • pharmaceutical patents
  • biological organism patents (e.g. synthesized bacteria)
  • biological science patents

Patent applications directed toward biological subject matters have significantly heightened legal requirements and legal consequences. Any synthesized compound must be described in painstaking detail. All relevant DNA sequences and chemical compounds must be recorded and submitted for every step of the synthesis process. Furthermore, measurement ranges must be provided for each compound, substituent, reagent, and product of a synthesis or reaction. The way each range is written has legal consequences as to what is actually protected by the patent.

Do You Need A Biotechnology Patent Attorney?

Biotechnology patents are very technical, and usually drafted by a patent attorney with an advanced biology degree. A good biotechnology patent attorney is familiar with biological sciences and can apply that familiarity with their knowledge of patent drafting. A patent attorney or agent without a biology degree will not understand the nuances of your invention, so they will fail to capture your innovation in a patent application. 

Furthermore, patent law includes special rules and requirements for prosecuting a biotechnology patent. For example, the USPTO’s Manual of Patent Examination Procedures (MPEP) includes an entire chapter (chapter 2400) on the additional requirements for biotechnology patent applications.

We have an experienced biotechnology patent attorney currently pursuing an advanced degree in biotechnology. Our biotech patent lawyer combines his knowledge of patent law and biological sciences to capture and protect the innovations of our biotech patent clients.  

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