Recipe for Phenol:guanidinium mix?

ELADER at AMBION.COM ELADER at AMBION.COM
Tue Aug 4 13:00:32 EST 1998


In article <4o95q6.ou2.ln at wpxx02.toxi.uni-wuerzburg.de>,
  Cornelius Krasel <krasel at wpxx02.toxi.uni-wuerzburg.de> wrote:

No, you misunderstood me and I misunderstood the original posting. I thought
we were talking about Trizol, which is patented by Chomczynski, not Ambion.
All I was saying is that a patent covers both the sale and the use of the
patented material. This goes for individuals as well as companies.


Remember that the date that counts is the application date, not the issued
date. Once the application is filed, the inventor may publish the info freely
without jeopardizing the patent.

Additionally, it's the claims that count, not the body of the patent. The
abstract and body make make sweeping broad claims, But all that counts is the
claims. In particular the first claim is the biggie. Often the patent is
forced to be very narrow by the examiner. For example a ficticious claim 1
from a ficticious trizol patent may read:

60% Phenol
1-1.2M GiTC
20 mM Citrate
20% glycerol

So, if you make and sell a formulation that's 2M GiTC, you are technically
not in violation of the patent. When the patent gets written, the job of the
lawyer is to get as broad a first claim as possible.  For example, "any
mixture of phenol, GiTC, buffer, and glycerol sufficient to allow RNA
isolation....."

*sorry for not being clear earlier.

Eric


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