IOVANCE, one of the biotech companies mentioned in today's NYT article, says it is "capable of meeting demand for the therapies independently" without relying on WuXi's production of key ingredients that turbo charge immune cells to treat advance skin cancers.
https://lnkd.in/gqvmkZCE
IOVANCE has filed many Track One expedited patent applications in the cancer immuno-modulating field. A exemplary abstract from US SN 17/817,207 is shown below:
The present invention provides improved and/or shortened methods for expanding [Tumor Infiltrating Lymphocytes] TILs and producing therapeutic populations of TILs, including novel methods for expanding TIL populations in a closed system that lead to improved efficacy, improved phenotype, and increased metabolic health of the TILs in a shorter time period, while allowing for reduced microbial contamination as well as decreased costs. Such TILs find use in therapeutic treatment regimens.
The 17/817,207 application is a continuation of U.S. Patent Application No. 17/856,806, U.S. Patent Application No. 17/147,080, U.S. Patent Application No. 15/863,634, U.S. Patent No. 10,894,063, and applications No. 62/478,506, No. 62/539,410, No. 62/548,306, No. 62/554,538, No. 62/559,374, No. 62/567,121, No. 62/577,655, No. 62/582,874, and No. 62/596,374.
IOVANCE responded to the non-statutory double patenting rejections made in 17/817,207's first Office action with 19 terminal disclaimers.
IOVANCE then received a first notice of allowance, filed a QPIDS RCE, and received a second notice of allowance. After IOVANCE paid the issue fee, it appears that for some reason, USPTO's quality reviewers intervened.
The application was withdrawn from issue.
The March 1, 2024 Office action refers to a discussion between the examiner and the SPE and newly rejects the claims for non-statutory obvious-type double patenting over another ~70 patents and ~30 applications.
Maybe the USPTO is stepping up to respond to executive branch and congressional pressures to reduce the impact of patent thickets?
https://lnkd.in/gTqWgaYT
If the USPTO's proposed new tiered fee structure for filing terminal disclaimers after notice of allowance were in effect, IOVANCE would need to pay ~$80,000 if they file these ~100 TDs.
https://lnkd.in/gX43_waF
Meanwhile, the USPTO continues to hastily allow lightly examined patents for WuXi and others from China working in the BIOSECURE field, without any apparent oversight from USPTO quality reviewers.
https://lnkd.in/g8wGBk2s
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