Albert Einstein College of Medicine (“Einstein”) of Yeshiva University Receives a Patent for Bacterial Vaccines

Albert Einstein College of Medicine (“Einstein”) is a medical school located in the Morris Park neighborhood of the Bronx in New York City. Einstein currently operates as an independent degree-granting institute under the Montefiore Medical Center. Einstein has earned a reputation as one of the nation’s foremost medical schools, currently ranked 13th in an outcomes-based study reported in the journal Academic Medicine and consistently ranked as one of the “Best Medical Schools” in both research and primary care by U.S. News & World Report. Faculty members received over $174 million in research grants from the National Institutes of Health (NIH) alone in 2017, ranking 7th in funding per-investigator across 139 medical schools in the US.

In India, the Biotechnological and Pharmaceutical business of Albert Einstein College of Medicine is focused on Antibodies for Filovirus Infections, Synthetic Fragment Antigen-Binding (Fab) Antibodies, Lateral Flow Device for Diagnosing Microbial Infections, Inhibitors of PU.1., Treatment of cancer using Antibodies and Antibody Fragments.

Albert Einstein College of Medicine filed patent application 2743/KOLNP/2011 titled as BACTERIAL VACCINES WITH CELL WALL-ASSOCIATED CERAMIDE-LIKE GLYCOLIPIDS AND USES THEREOF. This patent application has been granted as Patent Number 297284.

The invention covers the field of biotechnology. The invention is directed compositions and methods related to bacterial cells physically associated with ceramide-like glycolipids. The invention allows for delivery of ceramide-like glycolipid adjuvants directly to the same cells that become infected with a bacterial vaccine. The compositions and methods of the present invention are useful for the prevention and treatment of diseases.

During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the claims 1-84 are non- patentable because the properties of ceramides are well documented in the prior art making it non- patentable.

As a response to said objection,  the applicant responded by submitting that by definition, the modified bacterium is not a known substance. Further, the modified bacterium exhibits enhanced efficacy. 

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

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