WA-based biotechnology company Imugene Ltd has won exclusive distribution rights for its porcine adenoviral vector delivery system, after success in a hearing administered by the US patent office.
WA-based biotechnology company Imugene Ltd has won exclusive distribution rights for its porcine adenoviral vector delivery system, after success in a hearing administered by the US patent office.
The hearing, known as an "interference hearing", only affects the US patent and involved a patent application filed subsequent to Imugene's licensed patent filing. Today's result will mean that the subject matter of the two patents that led to the interference will be
removed from one, giving Imugene ownership of both patents and/or patent applications, and thus exclusive US rights, The resolution will now procieed with a further application to the US Patent Office.
According to an announcement to the Stock Exchange, the terms of the agreement are confidential, but Imugene did confirm the agreed adjusted financial arrangements were equivalent to, or better than the previous license arrangements.
Imugene is now contemplating scientific collaborations with the previous owner of the other patent. The other entity, which Imugene did not identify, was a group with significant international experience in the PAV market.
The full announcement is pasted below
US Patent Interference Proceeding to be Resolved in Favour of Imugene
Agreements signed to resolve US patent interference for Porcine Adenoviral Vector (PAV)
Imugene is pleased to report that a favourable resolution to the PAV patent interference process in the US has been agreed. Agreements have been signed giving Imugene ownership of both parties' intellectual property in the US. This allows Imugene to control
and finalise the resolution with the US patent judge. The resolution will proceed with an application to the US Patent Office for the re-issue of the existing patent and the issue of the interfering patent application to Imugene. The result will be that the subject matter of the two patents that led to the interference will be removed from one patent and retained in only one of the patents. As Imugene now owns both patents in the US, the resolution reinforces Imugene's exclusive rights. Although the terms of the agreements are confidential, Imugene can confirm that the agreed adjusted financial arrangements are equivalent to, or better than the previous
license arrangements. Imugene is now contemplating scientific collaborations with the previous owner of the
other patent. This entity is a group with significant international experience in the PAV market.
Background to the Interference
As previously reported, the PAV patent application in the US is undergoing a process known as an 'Interference Hearing'. This process is managed by the US Patent Office when there are two filed independent patents that have one or more claims that are
similar. The interference proceeding only affects the US patent and involves a patent application filed subsequent to Imugene's licensed patent filing. The other patent has certain claims that are similar to our patent claims but was filed after Imugene's licensed
patent application date. The interference process determines which party will be granted the exclusive rights in the US to the subject matter of the interference. As Imugene now owns both patents and/or patent applications, Imugene will preserve the exclusive rights. The completion process is now under the control of Imugene and our US patent attorneys.
