Hi i need Plasmid containing taq gene
WS
via methods%40net.bio.net
(by novalidaddress At nurfuerspam.de)
Sun Dec 17 07:32:28 EST 2006
> Is Taq still under patent? I don't think there should be any problem
> making your own taq with regard to any patent (am I wrong on that?) ,
> but giving other people your clone? What is the situation here?
Recalling that patents normally last (in Europe, other countries may
differ) for a maximum of 10 years or 15 years in the pharmaceutical
sector, there is a big chance that the patent for Taq itself is
history. Anyway that is a very complex matter that is even different
from country to country so I would not start a business without asking
my favorite patent attorney for advice before I'd ruin my business.
Anyway you might check at e.g. http://www.dpma.de or
http://www.european-patent-office.org/onlinelinks/ if the patent in
question is still in function and in function at all for the country
you intend to use it or to make money from it. BTW, there are companies
making BIG money from making stuff where the patents have run out!
There are probably lots of patents on Taq covering different
applications and manufacturing processes. Nevertheless, this
information is freely accessible and at least in Germany, you are
entitled to make your own sample for research according to a patent for
your own purpose. As long as you do not make money from it, you should
not face any problems.
If you obtained your Taq clone by a way that did not involve any
material transfer agreement or limited licence (i.e. if you made it by
yourself or you got under something like a public license), then there
should be no problem in doing with it whatever you like, also giving it
away.
Wolfgang
disclaimer: this neither a legal advice nor am I a patent attorney or
someone alike.
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