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Patent
PCI Biopharma invented the production of humanised monoclonal antibodies, using only murine antigen binding segment (CDR-grafted) in the variable light chain (VLC) on a human antibody protein structure. Genentech’s development of trastuzumab was built upon PCL Biophara’s earlier patented work which will expire within a decade.
Genentech has applied for non-provisional utility patents for Herceptini trastuzumab in USA and World Intellectual Property Organisation (WIPO) to protect the legal rights of our invention globally. Working with patent attorney, search was conducted with identification of problems in prior art in breast cancer therapies (chemotherapy), Herceptini trastuzumab’s novelty, its utility and claims, and thereafter, patent applications were raised.
The patent applications in succession was raised as early as 6 years ago, and was just recently approved by US Patent and Trademark Office. The first patent applied and approved was composition of HER2 monoclonal antibody binding to domain II of HER2 including the amino-terminal leader extension, as well as its pharmaceutical formulations encompassing the composition and therapeutic uses (EP0590058). The second patent that was approved was Herceptin trastuzumab as an adjuvant therapy for malignant breast cancer characterised by overexpression of Her2 in combination with a toxoid (P1037926) Patent . Both patents will expire in 20 years’ time.
Trademark
Herceptini brand name was registered for trademark application 2 years ago, and was approved 3 months ago by US Patent and Trademark Office. The trademark will be renewed every decade in US. The company has also filed Herceptini trademark with WIPO via Madrid system for international trademark that enabled Herceptini’s protection in 130 countries.
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