Gwikley, have heard back privately from a poster for whom I have a great deal of respect, here is his response:
"Anyone can file a patent application claiming "my drug can be used in combination with another drug." However, getting that application approved requires the filer to prove the combination demonstrates a new "non-obvious" working relationship. That necessitates extensive testing such as what Janssen did with imetelstat and venetoclax. If the patent is approved, and the filer wants to move the combination through the FDA testing process, it will need to negotiate a development/license agreement with the patent holder(s)."
Response to Gwikley query
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Re: Response to Gwikley query
Gwickly, I asked the two posters I respect the most to comment on your question. I just heard from the second poster. Both are posters I trust and value. Here is the second response: ""Patent protection affords the patent owner the legal right to restrict others from being able to make, use, or sell the patented product....as defined in the granted patent claims.
With the above definition in mind, it is possible for a 3rd party to conceive & file their own patent application involving the patented product (imetelstat) without ever having produced, used, or sold the patented product (imetelstat). Thus, it's possible for a 3rd party could obtain their own patent involving imetelstat without having formal license from Geron. However, the 3rd party won't be able to make, use, or sell any drug combo involving Imetelstat without a formal license from Geron."
With the above definition in mind, it is possible for a 3rd party to conceive & file their own patent application involving the patented product (imetelstat) without ever having produced, used, or sold the patented product (imetelstat). Thus, it's possible for a 3rd party could obtain their own patent involving imetelstat without having formal license from Geron. However, the 3rd party won't be able to make, use, or sell any drug combo involving Imetelstat without a formal license from Geron."
Re: Response to Gwikley query
Once again, thank you for your efforts. Much Appreciated.