A Patent Sequence Search identifies patents that contain or claim a sequence of DNA, RNA, or protein (e.g., yours) against which it is searched. If it fails to find a match, it's typically due to the way the search was designed, rather than bad luck.
Failure to match means real money lost, whether you are protecting a patent or confirming it is safe to launch a product. You may have an application that is rejected. Or you could find out about a blocking patent after spending a year developing the product. Understanding what the common pitfalls are will help you ask for a better search.
Let's say you've created an enzyme that has been altered for a lab test. You apply for a patent and within months, the examiner refers to a patent owned by another company.You apply for a patent and, months later, find that the examiner has referred to another company's patent. The patent does not explicitly reference your enzyme. It only provides a list of a sequence that is 92% similar to yours. You would have known that if you searched up front.
Which mistakes cause a Patent Sequence Search to miss matches?
Here are the five most common:
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Only searching for exact matches: Real patents do not typically claim any one particular sequence. Many say any sequence that is 90 per cent similar to the named sequence. When you only search for a perfect copy, you will not see the sequences in between the ranges.
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Using keywords rather than sequences in searches: A gene or protein may be referred to by multiple names and may not even be mentioned in the text of a patent. It is only the sequence itself which is never changing. Keyword search should supplement the sequence search, rather than supplant it.
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Skipping fragments: A claim may refer to a small portion of the product – just 10 to 20 amino acids. Searching the full-length sequence only will allow a short claimed portion to evade capture. Look for the key areas individually as well.
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Using one database: No one database contains all sequences from all patent offices. They are each country/year specific and each has gaps. The same query repeated in multiple sources captures what cannot be seen from one source.
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Ignoring changes to the sequence: mutation, exchange of amino acids, tags at the ends, chemical changes all do. The variant you are about to use can be taken by a competitor. Include all versions you are considering with the searcher.
Most of the misses are from one or two of these and often from both – make sure you test your own plan as well.
Does it matter that you’re filing in the USA?
It does, a little. With the newer US applications, a sequence list format called WIPO ST.26 is used, whereas with the older applications, ST.25 is used. Both have to be read carefully or older patents are overlooked.
The more important factor is timing. You can be charged against a sequence disclosed in a US patent or a printed paper prior to your filing date. Do not run a search after the examiner sends it back. It is cheaper to change claims in advance than to contest them in a later time.
This is very important for biotech and drug research where a single sequence can be the entire product. Only a few sequences are necessary to begin. It is not necessary to have an application ready.
What should you prepare before you order one?
In order to order a Patent Sequence Search, you need to make several preparations. Submit the sequences as plain text; specify the type as a DNA sequence, an RNA sequence or a protein sequence. Use any variants you may use. Tell what you wish to say: whether it's patentable or safe to sell? These are questions of a different kind and they direct the search in different directions.
If you already have a patent to protect, send along the sequence and the patent. You can then respond to what you find by comparing it to your claims.
Include your deadline as well. A team can plan for an application that is due 3 weeks from now. Citius Minds conducts sequence and chemical structure search with sophisticated tools and worldwide databases. As information is treated confidentially, you should not withhold information for fear of privacy concerns.
What do you do with the results?
No patent sequence search report is of any value unless someone reads the claims. A correlation of sequence in a patent does not necessarily mean that the patent covers it. The claims determine that. Check the sequence name and the extent of variation of the claims and whether the patent is active. Look for other patents in the same patent family as the original patent; there are usually multiple patents that may be filed from the same initial patent.
Then sort the hits. Some will be harmless and some will not. Several will make a big difference. Request that those be marked clearly, so that you aren't making any guesses. Do this before you invest more in lab work or legal fees.
Also write down the date of the search. A result is only a snapshot of patents that are published weekly.
For the correct Patent Search, call Citius Minds and let them know about the protection you seek.
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