Johns Hopkins University provides educational services. The University offers undergraduate and graduate degree programs in business education, engineering, computer science, health services, and other academic fields. Johns Hopkins University serves students and sponsoring organizations worldwide.
In India, the Pharmaceutical business of The Johns Hopkins University is focused on Mutations of the PIK3CA gene in human cancers, Mutations of the PIK3CA gene in human cancers, Coherent optical imaging for detecting neural signatures and medical imaging applications using holographic imaging techniques.
The Johns Hopkins University filed patent application numbered 565/DELNP/2010 that is titled LABELED INHIBITORS OF PROSTATE SPECIFIC MEMBRANE ANTIGEN (PSMA), BIOLOGICAL EVALUATION, AND USE AS IMAGING AGENTS. This Patent Application has been granted as Patent number 317684.
The invention covers chemical compound. The prostate-specific membrane antigen (PSMA) is increasingly recognized as a viable target for imaging and therapy of cancer. Various 99mTc/Re-labeled compounds were prepared by attaching known Tc/Re chelating agents to an amino- functionalized PSMA inhibitor with or without a variable length linker moiety. Ex vivo biodistribution and in vivo imaging demonstrated the degree of specific binding to engineered PSMA+ PC3 PIP tumors.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act that it appears to be “mere use of a known compound” and fall under the said clause. Hence not patentable, unless such known compound results in a new product or employs at least one new reactant is not an invention. In the absence of experimental data showing any unexpected effect, it is not clear if the claimed compound act to provide an enhancement of the known efficacy i.e., demonstrate a greater technical effect and/or differ significantly in properties w.r.t the known compound.
As a response to the said objection, the applicant submitted that the claimed process is submitted that what is being claimed in amended claims 1-24 is a novel and inventive compound with specific activity for inhibiting prostate specific membrane antigen (PSMA) supported by experimental data evidencing such activity. Accordingly, the question of claiming a mere use of a known compound does not arise.
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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