Question P – Answer

The publication mentioned above is a Brazilian granted patent.  You need a license before you can use DNA encoding the following in Brazil:

Answer: 1
a glycosyltransferase from Staphylococcus

Why?  The claims in a granted patent define the “metes and bounds” of what the state has granted the inventor the right to exclude others from doing.  A person wanting to use an invention as defined in the claims of a patentapplication does not need to obtain a license from the applicant to use the invention, but as soon as the patent is granted, the owner of the rights can exclude others from using the invention as defined in the claims, unless a license is obtained.  In some countries under certain circumstances, if the patent is granted, the owner of the rights can claim royalties back to the date of publication of the application, if the claims that are granted are substantially the same as the claims in the application.

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