Felicity - Laboratories of Martins Agricultural - West River Fever - Law Assignment Help

Assignment Task

Question: Patent Specifications

Felicity is employed as a researcher in the laboratories of Martins Agricultural — an Australian research and development company working in the agricultural sector. Felicity is working on a project to develop treatments and a diagnostic test for West River Fever a common blood disorder in cattle. Felicity has identified a particular gene mutation that is commonly associated with the presence of the disease. The diagnostic test relates to the identification of this mutation in blood samples taken from cows suspected of having West River Fever. While undertaking this research project Felicity has also developed a new software program that has improved the process of recording her research results. Felicity has attended several seminars regarding research commercialisation including patenting research results and she has read a number of patents in keeping abreast of developments in her field. She decides to have a go at drafting her own patent specification. Felicity decides she wants to patent the gene sequence, the diagnostic test and the computer program. She includes a claim directed to each of the aspects of her work and supporting disclosure in her patent specification. The claims to the diagnostic test include a broad claim that is directed to diagnosis of any type of blood disorder and a narrow claim directed to the diagnosis of West River Fever. She has no information in the specification relating to any other blood disorder in cattle other than West River Fever. Felicity has developed two ways of preparing the blood samples for the diagnostic test but she only describes one of them in her specification. The claims to the diagnostic test refer to this step in a generic fashion that covers both alternatives. The version she discloses in the specification is effective but is possibly not quite as good as the other one. Having drafted her patent specification, Felicity brings it to you asking you to review it and file it for her. Advise Felicity of any issues arising from the draft specification. 

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