An Australia based start-up with breakthrough technology in probiotic delivery using natural beads and microgels.
The client had stumbled upon an innovative process to create natural microgel capsules out of alginates. The client’s solution delivered an increased amount of probiotic bacteria and omega-3 oils compared to conventional approaches. The technology was also showing promise to be highly scalable and allow manufacturing in continuous production. The client engaged SG Analytics to assess the patent feasibility via novelty/patentability searches in Australia, the US, and the UK and assess post-patent risks and costs.
Following a thorough interview with the client to identify a set of relevant key features, SG Analytics adopted a non-sequential search path covering existing patents and non-patent literature to assess the patentability of the client’s process across select jurisdictions:
The team formulated keyword and concept based search strategies.
We conducted an exhaustive IPC, CPC and US class-based search.
The team performed an NPL searching on all major domain specific databases, including JSTO, EMBASE, Biological Abstracts, and arXiv.
After structuring its research results, SG Analytics consulted a top law firm and created a final patentability report. SG Analytics also assessed the post-patent risks and costs and suggested appropriate mitigation strategies, including:
Review of trademark and copyright strategies.
Review of employment and confidentially agreements.
Inception of an IP Insurance policy.
Creation of a recovery plan in the event of a lost IP lawsuit.
Inception of a marketplace monitoring strategy.
SG Analytics reduced the client’s legal spend by executing the required research and providing a detailed patentability report.
The report also included various helpful references to improve the patent draft quality and better argue prior art with examiners.