The Postgraduate Institute of Medical Education and Research (PGIMER) provides postgraduate medical education to produce specialists in several disciplines of medicine. The PGIMER also provides intensive research in the field of health.
Indian Council of Medical Research and Post-Graduate Institute of Medical Education and Research (PGIMER) filed a patent application numbered 7070/DELNP/2015 that is titled NOVEL IMMUNOGENIC ANTIGENS OF SHIGELLA. The patent has been filed in the field of Micro-Biology. This Patent Application has been granted as Patent Number 353108. This invention relates to a vaccine for protection against multiple serotypes of Shigella sp., comprising a putative heat shock protein (EL PGI II), and Hypothetical Protein (EL PGIV).
During the Patent Examination, the Patent Examiner raised objections under Section 3(d) of the Patents Act, 1970 (as amended). It was pointed out that the preamble of the said claims relates to a vaccine for protection against multiple serotypes of Shigella SP, which is directed towards the new use of a known substance as a vaccine against multiple serotypes of Shigella SP is already disclosed in the prior art.
As a response, the Applicant submitted that the vaccine composition uses particularly two peptides such as ELPGI II and a hypothetical protein (ELPGIV). But none of such proteins is used in any cited prior arts. Further, test results are also provided to prove the enhanced efficacy of the vaccine. Hence, the waiver of the objection under Section 3(d) of the Patents was requested.
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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