Influenza Patent Applications to Segments Other Than H5 or N1

The applications listed below recite at least one nucleotide sequence in the claims that has a high degree of similarity to a sequence in the influenza genome set. For each application, we show the number of similar sequences out of the total number of sequences in the published claims. Although most all of the applications recite multiple sequences in the published claims, there is generally only one or a few claims in prosecution.

The last column shows the non U.S. jurisdictions where related patent applications are filed. No information is provided here regarding the status of these applications.

With respect to policy issues of the H5N1 virus, the sequences in these applications do not relate to the H5 or the N1 subtypes. Moreover, at least half of the applications are either abandoned or prosecuting claims that do not recite sequences. (Prosecution is the back and forth discussion and argumentation that occurs between a patent office and a patent applicant.) During the prosecution process claims are often amended or limited, so that until there is allowance of the claims, there is a level of uncertainty as to what will ultimately be granted, or even if a patent grant will occur.

Of the 13 applications listed in the table below, 7 are assigned to corporations and 6 are assigned to non-profit organizations.

Application number	Assignee	Title	Number of Sequences with Similarity to Influenza / Total Number of Sequences in Claims	Segment(s) matching sequences in claims (A= influenza A; B= influenza B)	Status	Claims summary	Other Jurisdictions with Family Members
20030099670	Artemis Pharmaceuticals GMBH	Influenza viruses with enhanced transcriptional and replicational capacities	11 / 11	2	Abandoned 21/3/05. No pending U.S. family members.	ABANDONED	Australia, Europe, Japan
20070253981	The Cornell Research Foundation	Canine Influenza Virus	1 / 2	A: 4 (H3)	Pending; Non Final Action Mailed	Claims directed to a canine virus with nucleic acids encoding viral proteins.	World
20050032730	CureVac GmbH	Pharmaceutical composition containing a stabilised mRNA optimised for translation in its coding regions	7 / 7	A: 7	Pending; Final Rejection Mailed	Viral sequences NOT in prosecution	Austria, Australia, Canada, Europe, Germany, Spain
20070092536	Heska Corporation	Cold-adapted equine influenza viruses	27 / 54	A: 1, 2, 3, 8	Allowed	Nucleic acid sequences NOT in allowed claims	Austria, Australia, Canada, Germany, Denmark, Europe, Spain, Japan
20070172494	Heska Corporation	Cold-adapted equine influenza viruses	1 / 2	A: 1	Allowed	Claims to SEQ IDs 16 and 23, which encode PB2-N and PB2-C	Austria, Australia, Canada, Germany, Denmark, Europe, Spain, Japan
20070196388	Heska Corporation	Cold-adapted equine influenza viruses	9 / 16	A: 1, 7	Allowed	Claims to SEQ ID No. 3 and 6, which encode M protein	Austria, Australia, Canada, Germany, Denmark, Europe, Spain, Japan
20070098742	Iowa State Univ Research Foundation, Inc.	Canine influenza virus and related compositions and methods of use	3 / 8	A: 2, 3, 7	Pending; Response to Non-Final Action entered	Claims in prosecution are to canine virus that produces proteins having specific sequences.	Argentina, World
20050042229	MedImmune Vaccines, Inc.	Influenza hemagglutinin and neuraminidase variants	34 / 34	A: 4 (H1, H3) 6 (N1, N2) B: 4, 6	Pending; Final Action Mailed	Claims are to proteins encoded by SEQ IDs 19, 53, which are H1 proteins.	Canada, Europe
20060014140	Ogilvy Renault LLP	Molecular methods and compositions for detecting and quantifying respiratory viruses	170 / 170	A: 4 (H5, H9)	Pending; Response to Non-Final Office Action Entered	Claim in prosecution is directed to a metapneumovirus that comprises SEQ ID NO: 173.	Australia, Canada
20070172929	The Regents of the University of Michigan	Cold-Adapted Influenza Virus	1 / 1	A: 8	Pending; Ready for Examination	Nucleic acids NOT recited in claim	-
20040219170	Wisconsin Alumni Research Foundation	Viruses encoding mutant membrane protein	8 / 8	B: 1, 2, 3, 4, 5, 6, 7, 8	Pending; Non Final Action Mailed	Nucleic acids NOT recited in claims	Australia, Canada, China, Europe, Japan, Korea, Mexico, Russian Federation
20060153871	Wisconsin Alumni Research Foundation	H3 equine influenza A virus	4 / 8	A: 1, 2, 3, 7	Pending; Non-Final Action Mailed	Claims directed to a virus with nucleic acids encoding viral proteins.	-
20060217338	University of Massachusetts	Influenza nucleic acids, polypeptides, and uses thereof	3 / 6	A: 4 (H1, H3), 6 (N2)	Pending; Response to restiction requirement entered	Claims are directed to methods for inducing immune response by administering codon-optimized nucleic acid encoding HA (H1, H3) or NA (N2).	Canada, Europe

All applications in the table had at least one sequence in the original claim set that had a MEGABLAST e value of 1e^-200 or less and were at least 150 nucleotides in length.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

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