The United States Centers for Disease Control & Prevention operates as a department within the United States Department of Health and Human Services. The Agency strives to protect the health and safety of the public through dissemination of information to improve decisions made regarding health. CDC develops and implements disease prevention regulations and health education programs.
In India, the Pharmaceutical business of The United States of America is focused on Recombinant rift valley fever (RVF) viruses and methods of use, Recombinant rift valley fever (RVF) viruses and methods of use, Real-time PCR point mutation assays for detecting HIV-1 resistance to antiviral drugs.
The Government of the United States of America filed patent application numbered 9731/DELNP/2011 that is titled as NEW HUMAN ROTAVIRUS STRAINS AND VACCINES. This patent application has been granted as Patent Number 316869.
The invention covers Biotechnology compounds. A vaccine composition and method of vaccination are provided useful for immunizing a subject against a rotavirus. The vaccines include rotavirus strains CDC-9 and CDC-66, fragments thereof, homologues thereof, or combinations thereof. Inventive vaccines may include a fragment of CDC-9, CDC-66, homologues thereof, or combinations thereof. Methods of inducing an immunological response are provided by administering an inventive vaccine.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the Claims 1-18 relates to a vaccine composition comprising a carrier admixed with a rotavirus strain of CDC-9 or CDC-66, Which is already given in prior art.
The Applicant submits that original claims 4, 11, 13-14 and 17-18 are deleted. Also, As a response to said objection, the applicant submitted that the scientific comparison and arguments are presented to differentiate. Also, the prior art gives insufficient information to bring similarity and the new product is novel.
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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