As per patent office journal dated 2/07/2021, patent number 370149 has been granted to Amgen Inc that is titled ‘Human antigen binding proteins that bind beta klotho FGF receptors and complexes thereof’.
The primary independent claim of this patent states an antibody or fragment that binds to β-Klotho-FGFRlc complex and further induces FGF21-mediated signaling that includes CDRs: CDRH1; CDRH2; CDRH3; CDRL1; CDRL2 & CDRL3.
During the patent prosecution, the patent examiner objected to this patent under section 3(d) of the Indian Patents Act. The patent applicant responded to this objection by stating the controller fails to mention the identification of the specific ‘known substance’ and does not clarify or reason as to how the claimed invention is a new form or a derivative of the alleged ‘known’ substance. Furthermore, the applicant emphasizes that the law requires the identification of such known substances to bring the invention under the purview of section 3(d). Therefore, without identifying the aforementioned specific information, neither the Controller nor the applicant can assert that the claimed inventions are new forms or derivatives of the alleged ‘known’ substance or fall under the purview of section 3(d).
This patent falls under the category of Chemical. Overall, this patent covers compositions and methods relating to antigen binding proteins that bind to beta klotho and FGFR1c, FGFR2c, FGFR3c and FGFR4. This binding protein then induces FGF21-like signaling. Other aspects of the instant invention provide nucleic acids that encode such binding proteins and method of making and using such antigen binding proteins including method of treating or diagnosing subjects from NASH, metabolic syndrome, obesity and type 2 diabetes.
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