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


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.