As per the patent office journal dated 02/07/2021, patent number 370147 has been granted to Turnstone Limited Partnership, that is titled ‘Oncolytic Rhabdovirus’. The primary independent claim of this patent states an attenuated rhabdovirus M protein having an amino acid sequence that is 80% identical to the amino acid sequence of SEQ ID NO:4 (according to the WIPO listing of amino acids/nucleotides in patent applications) and a tryptophan at the position corresponding to position 123 of SEQ ID NO:4, or both a G protein having an amino acid sequence that is 80% identical to the amino acid sequence of SEQ ID NO:5 and an arginine at the position corresponding to position 242 of SEQ ID NO:5
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 that 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 Biotechnology. Overall, this patent covers composition and methods related to Maraba virus that possesses tumor cell killing properties in vitro and in vivo, used for anti- cancer therapeutics.
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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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