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Scientific Prediction and Prophetic Patenting in Drug Discovery
Stephen H Curry1, Anne M Schneiderman
1P.O. Box 24733, Rochester, NY 14624, USA. stephenhcurry@earthlink.net.
Recent Patents on CNS Drug Discovery
|June 20, 2015
Summary
Prophetic patenting balances drug discovery timelines with patent law, using prediction to secure intellectual property for academia-based innovations. This strategy navigates challenges of enablement and prior art for commercialization.
Area of Science:
- Pharmaceutical sciences
- Intellectual property law
- Biotechnology commercialization
Background:
- Drug discovery and patenting involve conflicting timelines.
- Early patent filing risks enablement rejections; delayed filing risks prior art rejections.
- Prophetic patenting leverages scientific predictability to address these challenges.
Observation:
- This review examines prophetic patenting within drug discovery.
- It explores discipline-related and project-related prediction concepts.
- Focus is on commercializing academia-based discoveries with long timelines and limited resources.
Findings:
- Prophetic patenting is crucial for managing patent claims amidst uncertain scientific progress.
- Predictability in drug discovery science supports effective prophetic patenting strategies.
- Balancing early and late patenting is key to protecting innovation.
Implications:
- Improved collaboration is needed between scientists, technology transfer offices, patent attorneys, and examiners.
- Effective prophetic patenting can accelerate the commercialization of academic research.
- This approach supports intellectual property protection for early-stage, high-risk R&D projects.
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