There has been much buzz about the recently discovered antibiotic Teixobactin. It is the first new antibiotic to be discovered in 3 decades. In lab studies, Teixobactin killed MRSA infection and drug-resistant tuberculosis in mice and in cell cultures, without any major side effects and without showing signs that the bacteria may become resistant to it. Teixobactin is being referred to as the beginning of a new age in medicine. However, because the antibiotic was discovered in a dirt pile in Maine, the Patent and Trademark Office is denying the patent application for the antibiotic. According to the guidance issued by the PTO in March 2014, products in nature are patent ineligible, unless the product is significantly different from what is already in nature.
Many criticized the PTO guidance, using examples of many life-saving, patented products that are in some ways derived from nature. In response to the backlash, the PTO issued a revised, interim guidance. The new guidance still holds to the rule that products of nature, natural phenomenon, or abstract ideas are patent ineligible, but the application of the product may be patent eligible. Still, one has to wonder, how much different does the application have to be from what is in nature to qualify for a patent? This question and many more were discussed at the PTO forum in January.
There is still much uncertainty surrounding this debate. And regardless of whether Teixobactin receives a patent or not, it will be several years before the antibiotic receives regulatory approval and becomes available to consumers.
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