SAFS Patent protection:
From the last annual report:
GBC-590 is IGG's (SFAS's subsidiary) principal products are GBC-590, a complex carbohydrate glycoprotein designed to combat cancer tumors...
And:
Dr. David Platt, the Company's Chairman and Chief Executive Officer, has granted an exclusive, world-wide, license to the Company's subsidiary, IGG, to make, use, have made, sell, lease or otherwise transfer products covered by patent or patent applications that he has developed. Further, Dr. Platt granted to IGG the right to issue sublicenses. With respect to GBC-590. Dr. Platt is entitled to a royalty of 2% of the net selling price. The license may be terminated by Dr. Platt in 2002 if total royalty payments in such calendar year are less than $50,000. However, the Company has the right to pay Dr. Platt $50,000 to maintain the license in any such year.
<Note-licensed, not assignment of patents>
A patent search at the IBM patent site yields nine patents with David Platt's name on them, only a few deal with biologic agents.
patents.ibm.com
Covers two polypeptides (i.e., not glycopeptides)
The active, galactose binding site of proteins associated with metastatic tumor cells has been identified and sequenced (SEQ. ID. NO:1). The polypeptide comprising the active site may be used as an immunotherapeutic agent. Identification of the site makes possible an in vivo diagnostic assay for metastatic cells as well as therapeutic methodologies and materials.
<This doesn't sound like GBC-590>
patents.ibm.com
US5759992: Immunotherapeutic agent derived from bacteria and method for its manufacture
Covers method of preparation (from the membrane of E.coli) and:
An immunotherapeutic agent as in claim 8, which incudes a low molecular weight glycopeptide which has a molecular weight of 919.2 daltons and a basic structure represented by the formula: [Figure]
<Exact chemical structure not specified. Believed to be similar to that in the figure.>
This application is a continuation of application Ser. No. 08/299,145, filed Aug. 31, 1994, now U.S. Pat. No. 5,527,770.
<The latter appears to be a method only patent without coverage for a specific compound.>
The agent covered by US05759992 appears to be GBC-590.
Not being in the patent business I don't know how defensible a patent is when it covers a chemical compound that is described as "similar to" to an unspecified product derived from a naturally occuring source. Apparently the exact chemical composition has not been identified. Seems like that would leave some wiggle room for competitors. Of course, there may be more detailed coverage in a patent application that we won't know about until a patent is granted. Comments? |
