Toray Industries, Inc. develops fiber products encompassing filament yarns, staple fibers, spun yarns, fabrics of nylon, polyester, acrylic, etc. It develops chemical goods including polyester films, engineering plastics, resin substances, carbon fiber composite constituents, and participates in environmental and life science ventures.
In India, the biotechnological business of Toray Industries, Inc. is focused on prepreg with variable cure rate resin composition, epoxy resin compositions, prepreg, and fiber-reinforced plastic materials, and prepreg with variable cure rate resin compositions.
Toray Industries, Inc. filed a patent application numbered 283/KOLNP/2014 that is titled as PHARMACEUTICAL COMPOSITION FOR TREATMENT AND/OR PROPHYLAXIS OF CANCER. The patent has been filed in the field of Biotechnology. This Patent Application has been granted as Patent Number 344129. This invention is intended to identify a cancer antigenic protein specifically expressed on the surface of cancer cells and to provide an antibody targeting the antigenic protein and use of the antibody as a therapeutic or preventive agent for cancer. The invention provides an antibody or a fragment thereof which has immunological reactivity with a CAPRIN-l protein, the antibody comprising a heavy chain variable region comprising amino acid sequences, a light chain variable region comprising amino acid sequences, and a pharmaceutical composition for treatment or prevention of cancer, comprising this antibody or fragment as an active ingredient.
During the patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act stating that the Claims were directed to a composition or antibody used for treatment, where such composition or antibody contains only one known active ingredient. These claims discuss the new use of the known ingredient based on cited prior art document.
As a response, the Applicant submitted that the claimed invention cites the terms “a CAPRIN- 1 protein specifically expressed on the surface of cancer cells” and amends the claimed antibody and fragment, thereof so that they precisely bind to the classified CAPRIN-1 protein. The antibody or the fragment thus is not merely an anti-CAPRIN-1 antibody because it exhibits stronger cytotoxic activity against various human cancer cells. Such remarkable cytotoxic activity against various human cancer cells is achieved by an anti-CAPRIN-1 antibody which has immunological reactivity with and specifically binds to a CAPRIN-1 protein expressed on the surface of cancer cells. This waives the objection under section 3(d).
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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