GlaxoSmithKline arm gets patent nod for pneumonia vaccine

Company argues composition is new and provides an improved technical effect

GlaxoSmithKline Biologicals S A , part of drug major GlaxoSmithKline Group, has received a favourable order from Indian Patent Office for an invention related to improved Streptococcus pneumonia vaccine.

Patent Office, that has found out the company has removed all objections raised against the application, stated ten claims submitted on June 2, 2015 stand granted for patent.

The company filed the application for 'Vaccine Comprising Streptococcus Pneumoniae Capsular Polysaccharide Conjugates' in June, 2008 and it was published on January, 2009, following which a first examination report was issued on March, 2011.

In the first examination report, the Patent Office raised objections including 'claims lack novelty, inventive step and conflict with another application among others'.

The company argued claims in the application is different from that in other application it filed earlier and the claimed composition is new and provides an improved technical effect. The present invention optimises immune response elicited by different components in a pneumococal multivalent conjugate vaccine, argued the company.

The company also argued it is an object of the present invention to develop an improved formulation of a multiple serotype Streptococcus pneumoniae polysaccharide conjugate vaccine and the prior documents would not lead the skilled person to consider the particular composition of the claim to improve it and thus, the composition is novel and inventive.

After considering submissions during the hearing, Assistant Controller of Patents and Designs Abhijit Das issued an order granting the patent for ten claims submitted.

According to the documents, Streptococcus pneumoniae is the most common cause of invasive bacterial disease and Otitis media in infants and young children. Children less than two years of age do not mount an immune response to most polysaccharide vaccines, so it has been necessary to render the polysaccharides immunogenic by chemical conjugation to a protein carrier, it added. 

I S Bhattacharya of D P Ahuja & Co, Kolkata, represented the company for the application.