Danisco USA Inc. operates in the food industry. The Company produces enzymes, ingredients, and bio-based solutions and operates in several locations throughout the United States.
In India, the Pharmaceutical business of Danisco is focused on Recombinant microorganisms for the enhanced production of mevalonate, isoprene, isoprenoid precursors, isoprenoids, and acetyl-CoA-derived products and Compositions and methods for producing isoprene, Methods for saccharifying a starch substrate.
Danisco USA Inc. filed patent application numbered 10457/DELNP/2012 that is titled as FILAMENTOUS FUNGI HAVING AN ALTERED VISCOSITY PHENOTYPE. The patent has been filed in the field of BIOTECHNOLOGY. This Patent Application has been granted as Patent Number 343599.
This invention covers Biotechnology. It describes the compositions and methods relating variant filamentous fungi having altered growth characteristics. Such modifications are complementary for development in submerged cultures, e.g., for the extensive manufacture of enzymes and other proteins for marketable applications.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act that the claims relates to a variant strain of fungus and methods of its production, wherein such variants are to be used for large-scale production of enzymes and other proteins. Therefore, said claims fall under the provisions of section 3 (d) of The Patents Act, 1970 (as amended).
As a response, Applicant submitted that u/s 3(d) the invention discloses that the filamentous fungal variants claimed in the present application are novel and have not been disclosed in any of the cited documents. In view of their novelty, the variants of the present application cannot be considered to be a new form of a known substance.
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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