Page 57 - A&A Patents&Design Rewind-2016
P. 57
4583-CHENP-2009 Isolated peptides referred to Upon scrutiny of the pages describing sequence listing, it
6233-CHENP-2008 Sequence ID no.1 comprising was found that all the claimed sequences are obtained from
3324-CHENP-2008 Sequences 2, 3, 5, 7, 8, 9, 10, 11, Hyalophora cecropia also known as the Cecropia moth. In
12 or 15. view of this finding, the isolated sequences claimed in amended
1640-CHENP-2008 claims 1-11 were held as substances occurring in nature and not
4860-CHENP-2008 patentable under Section 3(c) of the Patents Act.
1072-KOLNP-2007
Peptides derived from Dengue Upon scrutiny of the sequence listing pages, it is clear that these
virus Type 2 to achieve the sequences are derived from Dengue virus, i.e. they are obtained
objective of prevention/treatment from a naturally occurring source
of Dengue
An antibody that specifically Human IL-21 is a natural protein and hence there is existence of
binds to the same epitope natural antibody against the hIL-21.
on human IL-21 (hIL-21) The controller held that the structural difference between the
as monoclonal antibody claimed antibody and the naturally occurring antibody is not
272.21.1.3.4.2 (ATCC Accession clear. There is no recombination of the claimed antibody in
no. PTA- 10395). the description and the Applicant’s agent failed to prove the
artificialness in the claimed antibody. Rather, the agent was
explaining the process of production of the antibody. Thus, in
the absence of clarity on the artificialness in the structure of the
claimed antibody it can be treated as a discovery of the naturally
existing hIL-21 antibody and is not patentable u/s 3 (c) of the
Patents Act, 1970.
An anti-cancer vaccine comprising Due to 3(c) objection on peptide, the claims amended to
at least one tumor associated composition were found not allowable.
peptide.
A pharmaceutical composition The admixture was held to not qualify as a composition as
comprising one or a plurality of si there is only one constituent defined in the claims, i.e., a si RNA
RNA molecules. molecule.
This means that this is an attempt to claim the si RNA molecule,
which was earlier objected to under Section 3(c) as it pertains
to a naturally occurring substance, which was acknowledged and
deleted by the Agent.
CDH3 peptide and medicinal The Controller held that even though there is no word ‘isolated’
agent comprising the same. used in conjunction with SEQ ID Nos.: 1 and 2, page 8 of the
specification recites that “The peptide according to the present
invention is an epitope restricted by HLA-A2 which is an HLA
allele generally found in Japanese and Caucasian populations”.
Specifically, candidates of HLA-A2 binding peptides derived from
CDH3 were selected using as an index their binding affinity to
HLA-A2”. Hence it is clear that SEQ ID Nos.: 1 & 2 are naturally
occurring molecules
Patents & Design | 57
