Patent applications relating to a protein 3-dimensional (3-D) structure will increase as the importance of the protein 3-D structure increases in the development of new drugs. It is an objective of this study to present an Examining Guideline to deter...
Patent applications relating to a protein 3-dimensional (3-D) structure will increase as the importance of the protein 3-D structure increases in the development of new drugs. It is an objective of this study to present an Examining Guideline to determine the patentability of the inventions relating to the protein 3-D structure and appropriate patent strategies thereof with reference to a report on protein 3-D structure-related inventions by Trilateral Patent Offices (European Patent Office, Japanese Patent Office, and United States Patent and Trademark Office). Among the inventions relating to the protein 3-D structure, inventions regarding (1) a computer model of a protein; (2) a data array containing atomic coordinates of a protein; (3) a computer-readable storage medium encoded by atomic coordinates of a protein; (4) a database encoded by data containing names and structures of compounds; and (5) a pharmacophore fall under non-statutory inventions under the Korean patent law, so that the above (1) to (5) inventions may not be patentable. On the other hand, since inventions relating to a crystalline form of a protein and an isolated and purified polypeptide consisting of a portion of a protein containing a protein binding pocket fall under statutory inventions under the Korean patent law, they are considered to be patentable as long as they meet the patentability requirements, such as an industrial applicability, written description, novelty and inventive step, etc. Further, even in silico screening methods can be also patentable if it satisfies the patentability requirements.Since some inventions belong to non-statutory inventions among the inventions relating to the protein 3-D structure and different patentability requirements apply even if inventions in question are eligible for a patent, it is recommended to establish a proper strategy for patent applications with reference to the Examining Guideline as mentioned above depending on the types of inventions.