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ETANERCEPT APPLICATIONS GRANTED BY THE

IPO                                                          undesirable factors and/or lactate.

In a significant victory for the drug major Pfizer,          The main culture conditions according to claim 1
    Inc. the Delhi Patent Office allowed two of its          are:
    applications (2315/DELNP/2007 (IN 2315)                  (a) The following media characteristics:
 and 2317/DELNP/2007 (IN 2317)) covering their
 commercial method for production of Etanercept.                    (i) 	 cumulative amino acid amount per unit
 Each of the applications were opposed in pre-                            volume of greater than 70mM;
 grant oppositions filed by Biocon Ltd. and Mylan
 Laboratories Ltd.                                                  (ii) 	molar cumulative glutamine to
                                                                          cumulative asparagine ratio of less than
 The first application, i.e., Indian patent application                   2;
 no. 2315/DELNP/2007 is directed to the production
 of polypeptides, in a large-scale production cell                  (iii) 	a molar cumulative glutamine to
 culture comprising the steps of:                                         cumulative total amino acid ratio of less
                                                                          than 0.2;
 providing a cell culture comprising; mammalian cells that
 contain a gene encoding a polypeptide of interest, which           (iv) a molar cumulative inorganic ion to
 gene is expressed under condition of cell culture; and                   cumulative total amino acid ratio
 a medium containing glutamine, having a cumulative                       between 0.4 to 1;
 amino acid amount per unit volume greater than 70 mM,
 a molar cumulative glutamine to cumulative asparagine              (v) a combined cumulative amount of
 ratio of less than 2, and wherein the cumulative total                   glutamine and asparagine per unit
 amount of histidine, isoleucine, leucine, methionine,                    volume of greater than 16 mM or a
 phenylalanine, tryptophan, tyrosine, and proline per unit                combination thereof; and
 volume in said medium is greater than 25 mM;
 maintaining said culture in an initial growth phase         (b) 	maintaining the cell culture in an initial growth
 under a first set of culture conditions for a first period       phase for a first period of time to allow the cells
 of time sufficient to allow said cells to reproduce to a         to reproduce to a viable cell density between
 viable cell density within a range of 20%-80% of the             about 20% to 80% of the maximal possible
 maximal possible viable cell density if said culture were        viable cell density under the first set of culture
 maintained under the first set of culture conditions;            conditions; shifting at least at least one of the
 changing at least one of the culture conditions, so that a       culture conditions to a second set of culture
 second set of culture conditions is applied;                     conditions and maintaining the said culture
 maintaining said culture for a second period of time             for a period of time under the second set of
 under the second set of conditions and for a second              conditions so that the polypeptide accumulates
 period of time so that the polypeptide accumulates in            in the said culture.
 the cell culture.
                                                             Some of the key findings of the order of the
 The second application, allowed by the Controller.          Controller are as follows:-
 i.e., Indian patent application no. 2317/DELNP/2007,        1.	 Novelty: There is neither an unambiguous,
 relates to an improved process for large scale
 production of TNFR-Ig that allows high level of                  clear and direct disclosure of the claims nor
 protein production and lessens the accumulation of               are all the features claimed present in the same
                                                                  order in any prior art document. Therefore,
                                                                  the claims cannot be held to lack novelty.

                                                             2.	 Inventive step: The Controller considered the

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