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In biotechnology area, the product claims of patents which are based vector(carrier) and the sequence always starts as "protein encoded by bla bla"

However, what i understand is the sequence are implemented in vector and the vector with sequence produces protein (enzymes) after the product was placed in proper medium (petri dish or human). There is no protein before the use.

My question, When the third party sells the product, the product doesn't comprise any kind of protein, however the patent claim defines protein as an essential so there is no infringement, in my opinion.

In biotechnology, is an infrigment assesment is different? If not, is it more make sense that draft claim as a "vector comprising x sequence"?

P.S: I'm an electronic engineer who knowns very little about this technical area so let me know if i have wrong assumption about the subject.

From a comment by the OP

After more research, i found below claim structure. "X Vector (plasmid) comprising sequence Y encoding protein Z". Maybe, that one is right way to draft such a claim however i'm not still sure why there is "protein encoded" claim

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  • Can you link to a patent with what you consider typical claims with this issue?
    – George White
    Feb 11, 2023 at 17:22
  • There are plenty of proteins that aren’t enzymes.
    – Eric S
    Feb 13, 2023 at 5:03
  • The product is the plasmid, not the protein. People use plasmids to make cells express proteins of interest.
    – Eric S
    Feb 14, 2023 at 20:31
  • But don't I need something produce protein?
    – ASA
    Feb 17, 2023 at 7:39

1 Answer 1

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There are process patents. If you use the process as described in a claim during manufacturing, you infringe the patent. It doesn’t matter if the final product contains material described in the patent.

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  • not near my field but I image a method claim of the sort would be a method for making Z comprising the steps of (a) provide X (b) provide Y, (c) do things using X and Y resulting in Z. Anything that infringes makes Z at some point.
    – George White
    Feb 13, 2023 at 5:43
  • In case that i tried to explain unsuccesfully, the protein (enzyme) is only generated after the use. There is no protein in method steps or last product. By the way, the claims i tried to understand are product claims.
    – ASA
    Feb 13, 2023 at 8:04
  • After more research, i found below claim structure. "X Vector (plasmid) comprising sequence Y encoding protein Z". Maybe, that one is right way to draft such a claim however i'm not still sure why there is "protein encoded" claims.
    – ASA
    Feb 13, 2023 at 8:08
  • I think this changes the question enormously and have edited it into the question. I see this as claiming a DNA sequence that encodes a specific protein. I assume the filing includes a sequence listing. To get a good answer you should add a reference a patent that represents a clear example to the question.
    – George White
    Feb 13, 2023 at 19:34
  • @ASA Is there a reason you don’t just cite the actual patent?
    – Eric S
    Feb 14, 2023 at 15:43

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