Pharmexa prevails in opposition against Geron's European patent

19-Jun-2006

Pharmexa has filed an opposition against the US biotech company Geron's European patent (EP841396) to the European Patent Office (EPO) and has requested an invalidation of three claims in the patent related to peptide vaccines against telomerase. In a decision on 13 June 2006, the European Patent Office decided to meet Pharmexa's request to invalidate the three claims in Geron's patent. Geron has the option to appeal the decision and a final decision may be expected in 2008 at the earliest.

Jakob Schmidt, CEO in Pharmexa says: "I was present myself during the proceedings. It was a clear decision, solidly based on the arguments Pharmexa has presented. I would be surprised if the EPO's Board of Appeal overturns it."

Pharmexa has issued and validated patents for the GV1001 telomerase vaccine in 16 European countries and recently received a patent from the US patent authorities regarding GV1001. Pharmexa also has patents issued for GV1001 in Australia. Pharmexa's issued patent claims cover specific peptides, including the vaccine GV1001, and their use in cancer immunotherapy. In addition, divisional patent applications have been filed in both Europe and the USA. Pharmexa is convinced that the vaccine does not infringe on any rights held by third parties. Pharmexa will follow and protect the company's rights to peptide vaccines against telomerase in the United States and Europe.

Geron has similarly filed an opposition against Pharmexa's European patent (EP1093381). In 2005, the Opposition Division of the European Patent Office refused to grant Geron's request for invalidation of the issued patent, but upheld Pharmexa's patent with modified claims, which still provides Pharmexa with substantial and sufficient protection. This opposition case is expected to be concluded in 2007 following appeal.

https://www.bionity.com/en/news/55610/pharmexa-prevails-in-opposition-against-geron-s-european-patent.html