My question pertains to the DNA Helix strand. I wanted to know if the
DNA Helix image cannot be used in any other way to be part of a
patent.

I conducted prior searches on my own and found links to software such
as Cheetah 3-D, which can help you create 3-D models of DNA. Those
images that you create can be copyrighted at the most. I could not
find a clear answer or link as to whether the Helix strand image can
be part of a patent.

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Request for Question Clarification by pafalafa-ga on 12 Jan 2006 16:50 PST

juarezgd-ga,


I'm not entirely clear what your question is.

Do you want to know if you can include an image of DNA in a patent application?

If so, I can't imagine any reason that it couldn't!

Can you give us a bit more context...Why are you hesitant about using
the image?  What leads you to believe there are any sort of
restrictions?


The better we understand the context, here, the better the odds we can
get you a good answer to your question.

Thanks,

pafalafa-ga

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Clarification of Question by juarezgd-ga on 12 Jan 2006 18:37 PST

To clarify your posted comments, the reason why I was hesistating is
because I am in the process of submitting a provisional patent that
involves naturally occuring structures, including the DNA Helix. I am
in the process of moving on to a qualified attorney that will go over
patent strategy with me. During my own search at the Patent Office in
Washington D.C., I didn't come across any instances or objections to
the use of the DNA helix model in a patent application.

As you know the patent search process is very tedious and sometimes
even attorneys can miss pre-existing applications or other work that
may be similar to what you are trying to patent(including
international apps). I wanted to cross-check with Google to cover all
my bases.

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Request for Question Clarification by pafalafa-ga on 12 Jan 2006 18:52 PST

Thanks for the additional information.


Please have a look at the diagrams included with this patent:


http://www.freepatentsonline.com/6080838.pdf
Peptidomimetic of helix-turn-helix or gamma-turn



Are these the sort of images you had in mind?


paf

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Request for Question Clarification by pafalafa-ga on 12 Jan 2006 20:17 PST

Another to consider is here:


http://www.freepatentsonline.com/6432638.pdf


Check out Figure 6B

Patent rules vary from country to country, but here's an example:

To be patentable your invention must:

* Be new 
The invention must never have been made public in any way, anywhere in
the world, before the date on which an application for a patent is
filed.

* Involve an inventive step 
An invention involves an inventive step if, when compared with what is
already known, it would not be obvious to someone with a good
knowledge and experience of the subject.

* Be capable of industrial application 
An invention must be capable of being made or used in some kind of
industry. This means that the invention must take the practical form
of an apparatus or device, a product such as some new material or
substance or an industrial process or method of operation.

"Industry" is meant in its broadest sense as anything distinct from
purely intellectual or aesthetic activity. It does not necessarily
imply the use of a machine or the manufacture of an article.
Agriculture is included.

Articles or processes alleged to operate in a manner clearly contrary
to well-established physical laws, such as perpetual motion machines,
are regarded as not having industrial application.

* Not be "excluded" 
An invention is not patentable if it is:
 - a discovery; 
 - a scientific theory or mathematical method; 
 - an aesthetic creation such as a literary, dramatic or artistic work; 
 - a scheme or method for performing a mental act, playing a game or
doing business;
 - the presentation of information, or a computer program. 

If the invention involves more than these abstract aspects so that it
has physical features (such as a special apparatus to play a new game)
then it may be patentable.

In addition, it is not possible to get a patent for an invention if it
is a new animal or plant variety; a method of treatment of the human
or animal body by surgery or therapy; or a method of diagnosis.

- http://www.patent.gov.uk/patent/whatis/definition.htm

Have a look through this. If what you have fits, or is close, either
check the rules in your country or get a Patent lawyer/solicitor. Many
Patent legal companies have a person who deals with "small claims" -
ie personal claims where one person has a brilliant idea and wants to
patent it.

Ratty