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PATENT OFFICE GRANTS PUBPAT REQUEST TO REEXAMINE COTRANSFORMATION PATENT:
Order Finds "Substantial New Question" of Patentability for Entire Patent
NEW YORK -- The United States Patent and Trademark Office has issued an
Order granting the Public Patent Foundation's Request for Reexamination of a
key patent on cotransformation, a process for inserting foreign DNA into a
host cell to produce certain proteins that is the basis for a wide range of
pharmaceutical products, including EpogenR for anemia, ActivaseR for heart
attacks and stroke, AvonexR for multiple sclerosis, and RecombinateR for
hemophilia. In its Order, the Patent Office found that PUBPAT's request
raised "a substantial new question of patentability" regarding every claim
of the patent.
The patent holder, Columbia University, now has the opportunity to make an
opening statement to the Patent Office, to which PUBPAT has the right to
make a response. After opening statements, the Patent Office will proceed
to determine whether the patent is indeed invalid in light of the new
questions raised by PUBPAT's request. Third party requests for
reexamination, like the one filed by PUBPAT, are successful in having the
subject patent either narrowed or completely revoked roughly 70% of the
time.
"We are obviously very pleased with the Patent Office's decision to grant
our request to reexamine the Axel cotransformation patent," said Dan
Ravicher, PUBPAT's Executive Director and Founder. "This is the first step
towards ending the harm being caused to the public by this patent that never
should have been issued."
More information about the Request for Reexamination, including a copy of
the Patent Office's Order Granting the request, can be found at
http://www.pubpat.org/Protecting.htm.
Contact:
Daniel Ravicher, Executive Director, Public Patent Foundation: 212-545-5337;
[EMAIL PROTECTED]; www.pubpat.org.
About PUBPAT:
The Public Patent Foundation ("PUBPAT") is a not-for-profit legal services
organization working to protect the public from the harms caused by the
patent system. PUBPAT provides the general public, particularly those
persons or businesses otherwise deprived of access to the system governing
patents, with representation, advocacy, and education. To be kept informed
of PUBPAT News, subscribe to the PUBPAT News List by sending an email with
"subscribe" in the subject line to [EMAIL PROTECTED] To be removed
from the PUBPAT News List, send an email with "unsubscribe" in the subject
line to: [EMAIL PROTECTED]
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