COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH Received a Patent for INDUCIBLE CATALASE R PROMOTER

Council for Scientific and Industrial Research SA provides commercial services. The Company offers scientific and technology research and development services. Council for Scientific and Industrial Research operates in South Africa.

In India, the Pharmaceutical business of Council for Scientific and Industrial Research is focused on Modified cyclodextrin coated magnetite nanoparticles for targeted delivery of hydrophobic drugs, H2 and bio-fuels production from renewable feedstocks, Anaerobic column reactor for biodegradation of wastes and the process thereof.

 Council of Scientific & Industrial Research filed patent application numbered 1006/DEL/2010 that is titled as INDUCIBLE CATALASE R PROMOTER USEFUL FOR EXPRESSING FOREIGN GENES IN FUNGUS. . This Patent Application has been granted as Patent Number 318156.

The invention covers Biotechnology compound. The present invention relates to a novel recombinant protein expression vector specifically for Aspergillus niger useful for expressing gene of interest in fungal species. Specific 940bp of CatR promoter from Aspergillus niger were cloned in the vicinity of leader sequences of glucoamylase gene followed by truncated alkaline xylanase gene, which could work as reporter gene. It has been successfully demonstrated that a specific fragment of CatR promoter expressed alkaline xylanase reporter gene efficiently. Sequence analysis of CatR promoter revealed presence of eukaryotic promoter elements.

During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act claims1-4 fall u/s 3(d) of the Patents (Amended) Act, 2005 as the said claims defines new use of the known method, promoter and gene (as cited by the prior art documents as described in para 2 of the report). In the absence of experimental data, it is not clear if the said method, promoter and gene act to provide an enhancement of the known efficacy i.e., demonstrate a greater technical effect and/or differ significantly in properties.

As a response, it is submitted that the present invention relates to a novel promoter sequence which has not been used to express foreign proteins in Aspergillus in the hitherto reported literature.  The technical advancement produced by the claimed invention is illustrated in examples 6 and 7 accompanying the complete specification.

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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