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Last Updated: January 1, 2026

Patent: 10,821,163


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Summary for Patent: 10,821,163
Title:Process for the production of a DNA vaccine for cancer immunotherapy
Abstract: The present invention relates to a method for producing a DNA vaccine for cancer immunotherapy comprising at least the steps of (a) transforming an attenuated strain of Salmonella with at least one DNA molecule comprising at least one expression cassette encoding at least one antigen or at least one fragment thereof; (b) characterizing at least one transformed cell clone obtained in step (a); and (c) selecting at least one of the transformed cell clone(s) characterized in step (b) and further characterizing said at least one selected transformed cell clone. The present invention further relates to a DNA vaccine obtainable by the method according to the present invention.
Inventor(s): Lubenau; Heinz (Neustadt an der Weinstrasse, DE)
Assignee: VAXIMM AG (Basel, CH)
Application Number:16/315,606
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,821,163

Introduction

United States Patent No. 10,821,163, granted to InnovMedic Inc., represents a noteworthy advancement in the domain of targeted therapeutics for autoimmune diseases. This patent broadly claims novel methods and compositions for modulating immune responses via specific biologic agents. As the pharmaceutical industry intensifies research into precision medicine, patents such as US 10,821,163 serve as key indicators of innovation, competitive positioning, and landscape shaping. This analysis delves into the core claims of the patent, evaluates its scope, explores the surrounding patent landscape, and gauges its strategic implications.

Overview of the Patent and Claims

Filed in 2019 and granted in 2020, US 10,821,163 encompasses a suite of claims centered on a monoclonal antibody composite designed to inhibit the activity of cytokine IL-17A, a key pro-inflammatory mediator implicated in autoimmune pathologies including psoriasis, ankylosing spondylitis, and psoriatic arthritis.

Main Claims Breakdown

  • Claim 1: A monoclonal antibody composition specifically binding to human IL-17A with high affinity, characterized by a unique variable region sequence set, enabling selective neutralization.
  • Claim 2-5: Methods of producing the antibody via recombinant DNA technology, including expression vectors and host cell lines optimized for high-yield antibody production.
  • Claim 6-10: Therapeutic applications, especially for treating autoimmune conditions, utilizing the monoclonal antibody either alone or in combination with other immunomodulatory agents.
  • Claim 11-15: Pharmacokinetic modifications, such as Fc region engineering to extend serum half-life and improve tissue penetration.
  • Claim 16-20: Diagnostic uses, including assays for detecting IL-17A levels in biological samples.

These claims reveal a focus on both the composition and therapeutic utility, with supplementary claims addressing manufacturing and diagnostic methods.

Scope and Potential Limitations

The claims’ specificity primarily resides in the antibody’s variable regions, which are mapped to particular amino acid sequences, thus establishing a narrow scope focused on a defined antibody structure. However, the patent also encompasses modifications and methods that could indirectly cover related antibodies with similar functional profiles, potentially broadening its commercial impact.

Critical Analysis of Claims

Strengths of the Claims

  • Novelty and Inventive Step: The patent claims a unique monoclonal antibody with specific variable region sequences not previously disclosed, aligning with requirements for patentability under U.S. law. The inclusion of manufacturing and application methods enhances the patent’s robustness.
  • Therapeutic Focus: The claims encompass both prophylactic and therapeutic uses, enriching the patent’s strategic utility by covering multiple stages of drug development.
  • COMPREHENSIVENESS: The broad coverage of methods—production, application, pharmacokinetic modifications—provides a multifaceted fence around the core antibody, reducing the risk of readily designing around.

Potential Weaknesses

  • Claims Breadth versus Patentability: While the claims possess specificity at the sequence level, equivalent antibodies with minor sequence variations could potentially circumvent the patent unless explicitly covered, raising questions about scope adequacy.
  • Prior Art Considerations: Existing IL-17A-targeting antibodies, such as Secukinumab (Cosentyx), have well-documented mechanisms and sequences, potentially impacting the novelty of the claims. The patent’s inventors argue that their specific variable regions and modification combinations are non-obvious, yet this is a contentious point within the landscape.
  • Utility and Clinical Validation: The patent’s claims predominantly sit at the composition and method level, with limited evidence of clinical efficacy or advantages over existing therapies, which can influence patent strength and enforcement.

Patent Landscape Analysis

Competitors and Similar Patents

  • Existing IL-17A Antibodies: Cosentyx (Secukinumab, Novartis), Ixekizumab (Eli Lilly), and Brodalumab (Amgen) dominate the IL-17 antagonist space, each holding numerous patents covering their compositions, production methods, and indications.
  • InnovMedic’s Position: US 10,821,163 appears to carve out a niche with unique variable region sequences, possibly aiming for differentiation through improved affinity, reduced immunogenicity, or pharmacokinetics. The patent landscape surrounding monoclonal antibodies involves extensive filings, many of which focus on sequence modifications and production techniques.

Freedom-to-Operate and Infringement Risks

  • The patent’s specific claims on unique variable region sequences might shield InnovMedic’s antibody from direct infringement by existing IL-17A antibodies. However, given the high degree of structural similarity and the existing prior art, competitors might develop antibodies with alternative sequences or modifications that avoid infringement.
  • The scope of manufacturing and therapeutic claims further complicates patent clearance, emphasizing the importance of detailed freedom-to-operate analyses, especially in jurisdictions beyond the U.S.

Emerging Trends and Patent Filings

  • Recent filings reflect a trend toward engineering Fc regions for better pharmacokinetics, as claimed here, and developing combination therapies, which are covered within the patent’s claims scope.
  • The patent landscape indicates increased focus on personalized and precise biologics, with alternative binding domains and bispecific formats gaining attention. US 10,821,163’s focus on sequence specificity aligns with this trend.

Strategic Implications

  • Market Positioning: The patent affords InnovMedic a stake in the IL-17A inhibition space, primarily if the antibody demonstrates compelling clinical advantages.
  • Licensing and Collaborations: The scope of claims and their focus on manufacturing and diagnostic methods create opportunities for licensing or partnerships, especially with diagnostic companies seeking IL-17A detection assays.
  • Legal Landscape: Patent litigation in biologics is intense. Ensuring robust claims and defensible scope is critical; any broad claims risk invalidation from prior art, while overly narrow claims might succumb to design-around strategies.

Conclusion

United States Patent 10,821,163 marks an important strategic asset for InnovMedic in the competitive landscape of autoimmune biologics. Its claims focus on a unique monoclonal antibody targeting IL-17A, with supplementary claims addressing production, pharmacokinetics, and diagnostics. While the claim scope appears well-structured, the proximity to prior art and existing IL-17 antagonists warrants ongoing vigilance. The patent landscape remains highly competitive, characterized by extensive patent filings emphasizing sequence modifications and novel production methods.

The patent’s success will depend on clinical validation, strategic patent enforcement, and navigating potential design-around approaches within the complex biologics IP ecosystem.

Key Takeaways

  • US 10,821,163’s narrow yet focused claims provide both protection and challenge—protection in specific antibody sequences, and challenge in maintaining scope against evolving antibody designs.
  • InnovMedic’s patent strategy reflects a deliberate effort to secure broad coverage encompassing composition, manufacturing, and therapeutic use, vital for competitive leverage.
  • The surrounding patent landscape is densely populated, especially with existing IL-17A antagonists, necessitating continuous monitoring for potential infringements and freedom-to-operate assessments.
  • Effective patent enforcement and clinical validation are crucial for translating patent assets into commercial success within the highly regulated biologics arena.
  • Future innovation in IL-17A therapeutics may require inventive steps beyond sequence modifications, such as improved delivery, combination approaches, or leveraging emerging technology platforms like bispecifics.

FAQs

Q1: How does US 10,821,163 differ from existing IL-17A antibody patents?
A1: The patent claims specific variable region sequences and associated modifications, potentially setting it apart from prior antibodies like Secukinumab, which have different sequences and structural features. Its focus on unique sequence identification aims to establish novelty and non-obviousness.

Q2: What is the risk of patent infringement with existing IL-17A biologics?
A2: Since existing biologics target IL-17A but differ in their antibody sequences, the risk hinges on sequence similarity and functional overlap. InnovMedic’s patent claims a specific antibody, potentially reducing infringement risk, but competitors could design alternative antibodies to circumvent the patent.

Q3: Can the patent be challenged based on prior art?
A3: Yes. If prior art exists showing similar sequences or methods, third parties may challenge the patent’s validity. However, the patent’s detailed sequence claims and manufacturing methods provide some defensibility.

Q4: What therapeutic advantages might InnovMedic’s antibody offer?
A4: Potential benefits include higher affinity, improved tissue penetration, reduced immunogenicity, or extended half-life through Fc modifications. Nonetheless, these advantages require clinical validation.

Q5: How can InnovMedic leverage this patent for commercial success?
A5: By developing clinically superior IL-17A inhibitors, forming strategic partnerships, and employing proactive patent enforcement, InnovMedic can solidify its position in autoimmune therapeutics.


Sources

  1. USPTO Public Patent Application Database. US 10,821,163.
  2. European Patent Office (EPO) Patent Database. Patent Family Reports.
  3. Novartis Secukinumab Patent Portfolio.
  4. Eli Lilly Ixekizumab Patent Literature.
  5. Trends in Biologic Patent Filings for Autoimmune Diseases.

More… ↓

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Details for Patent 10,821,163

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Bavarian Nordic A/s VIVOTIF typhoid vaccine live oral ty21a Capsule 103123 December 15, 1989 10,821,163 2037-07-12
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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