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Patent: 4,737,462
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Summary for Patent: 4,737,462
| Title: | Structural genes, plasmids and transformed cells for producing cysteine depleted muteins of interferon-.beta. |
| Abstract: | A modified IFN-.beta. is provided wherein the cysteine residue at position 17 is deleted and serine is substituted therefor. DNA sequences coding for the modified protein, nucleotide primers used for the mutagenesis, appropriate cloning vectors, host organisms transformed with the vectors, methods for the production and use of the modified IFN-.beta. (IFN-.beta..sub.ser17) are also provided. The specific activity of IFN-.beta..sub.ser17 is found to be substantially the same as that of native IFN-.beta.. |
| Inventor(s): | Mark; David F. (Hercules, CA), Lin; Leo S. (Fremont, CA), Yu Lu; Shi-Da (Oakland, CA) |
| Assignee: | Cetus Corporation (Emeryville, CA) |
| Application Number: | 06/753,717 |
| Patent Claims: | see list of patent claims |
| Patent landscape, scope, and claims summary: | United States Patent 4,737,462: Claim-by-Claim Scope, Invalidity Risk, and US Patent LandscapeWhat does US 4,737,462 claim cover, in plain technical terms?US 4,737,462 claims genetically engineered human interferon beta (IFN-β) muteins where cysteine at position 17 (native human IFN-β numbering) is replaced by a “neutral” amino acid, plus broad coverage of DNA constructs, expression vectors, and host cells expressing those muteins. The patent is built around a single structural modification (Cys17 swap) and extends that concept across multiple embodiments (specific neutral amino acids, with/without an ATG start codon, a referenced figure sequence, and a specific deposited plasmid). Core claim elementAll independent and near-independent claim pathways pivot on:
Are the claims narrow or broad around the “Cys17 replacement” concept?Broad in concept, narrow in one crucial way. What is narrow
What is broad
Claim posture summaryThe patent is a position-specific mutein patent that also captures implementation artifacts (plasmid, vector, transformed host) tied to the deposited materials and a referenced figure sequence. Claim-by-claim: what each claim adds (and what it risks giving away)?Claim 1Structural gene encoding synthetic IFN-β with Cys17 replaced by a neutral amino acid.
Claim 2Neutral amino acid options include 13 residues (serine through methionine, including histidine, tyrosine, phenylalanine, tryptophan). Claim 3Neutral amino acid is serine or threonine. Claim 4Neutral amino acid is serine. Claim 5The structural gene of claims 1-4 with or without an initial ATG codon. Claim 6Structural gene “as represented in FIG. 10” with or without the initial ATG codon. Claim 7An expression vector including the structural gene of claims 1-4. Claim 8A plasmid with NRRL accession B-15356. Claim 9A host cell transformed with an expression vector including the Cys17 replacement gene, where the mutein exhibits biological activity of native IFN-β. Claim 10Host cell is bacteria. Claim 11Bacteria is E. coli. Claim 12Neutral amino acid selection again limited to the 13 neutral residues. Claim 13Neutral amino acid is serine. Claim 14E. coli transformed with an expression vector including the structural gene in FIG. 10, with or without ATG. Claim 15E. coli transformed with plasmid pSY2501 and progeny thereof. How strong is the novelty and non-obviousness position for a Cys17 IFN-β mutein?The patent’s novelty argument is structurally anchored to one residue substitution at a defined position (Cys17) with “neutral amino acids,” and to preserved biological activity. In US patent practice, this kind of claim frequently faces two high-probability validity challenges:
Why the “neutral amino acid” term matters“Neutral amino acid” is a functional descriptor. If prior art includes substitutions that are not “neutral” (e.g., charged amino acids) but otherwise preserve activity or structure, examiners and courts may interpret the term narrowly or attack it as indefinite. The claim’s listed 13 amino acids likely reduces that risk by tying the term to an explicit set. Why the “activity of native IFN-β” requirement mattersClaim 9 demands biological activity parity. That can be used to argue the invention is not merely any substitution, but a survival-through-function substitution that maintains interferon potency. However, if the prior art includes Cys substitutions with measured activity (or if activity equivalence is inherent in recombinant expression of IFN-β variants), the functional language may not rescue novelty or non-obviousness. What are the highest-risk avenues for invalidity across the claim set?1) Prior art IFN-β muteins with cysteine substitutionBecause the claims cover multiple “neutral” residues, any earlier disclosure that already made Cys17→(one of those residues) and kept IFN-β activity can potentially anticipate:
2) Recombinant expression vectors and host rangesIf earlier references already taught recombinant expression of IFN-β and commonly used hosts (including E. coli), then the broad host-cell and vector claims can fail for obviousness if the only difference is the Cys17 substitution. 3) Deposits and “specific plasmid” claimsClaims 8 and 15 are tied to:
Those deposits create an enforcement anchor, but they do not avoid anticipation if the underlying gene sequence and mutation were already disclosed earlier and deposited materials were available to the public. For validity, courts consider whether the deposited material itself (or earlier disclosures leading to it) already meets the claimed subject matter. 4) FIG. 10 sequence tetheringClaims 6 and 14 hinge on the gene “represented in FIG. 10.” If FIG. 10 corresponds to a sequence that is already in prior art, those narrower claims may still be invalid. What does the claim set imply about the patent’s likely commercial enforceability?The practical enforceability is driven by three realities:
Patent landscape and claim coverage positioning in the USWhat other US patent families typically compete with a Cys-substituted IFN-β construct?Within interferon alpha/beta engineering, US filings often cover:
For US 4,737,462, the “center of gravity” is narrower than typical IFN engineering portfolios because it is tethered to Cys17. How does the claim scope likely map against neighboring claim territories?
Landscape risk for new entrantsBecause the claims include a broad list of neutral residues and also capture vectors and transformed hosts, the landscape risk for recombinant IFN-β manufacturing increases if:
Landscape risk for investors/strategistsThe key issue is that US 4,737,462 is not merely a “protein use” claim. It is a platform-like molecular construct claim for a specific mutation plus implementation artifacts. That tends to:
What would a design-around have to accomplish to avoid US 4,737,462?Literal avoidance generally requires changing at least one essential claim element:
Key Takeaways
FAQsWhat is the single most important inventive detail in US 4,737,462?The claims hinge on replacement of cysteine at position 17 of native human IFN-β with a listed neutral amino acid while preserving interferon biological activity. Which claims explicitly cover bacteria and E. coli?Claim 9 covers host cells broadly (bacteria, yeast, animal, plant). Claims 10 and 11 narrow that to bacteria and then E. coli. Claims 14 and 15 further tie coverage to FIG. 10 constructs and pSY2501 in E. coli. Does the patent cover constructs regardless of whether an initial ATG codon is present?Yes. Claim 5 and claims tied to FIG. 10 (claim 6) allow the structural gene with or without an initial ATG. Are all Cys17 replacements covered equally?No. Claim 1 covers Cys17 replacement by any “neutral amino acid” as defined by claim 2’s list. Claims 3 and 4 narrow to Ser/Thr and then Ser. Claims against serine use tighter coverage. Why do the plasmid deposit and FIG. 10 matter for enforcement?Claims 8 and 15 pin scope to deposited plasmids/materials (NRRL B-15356 and pSY2501), and claims 6 and 14 pin scope to the structural gene sequence in FIG. 10, which can enable practical infringement mapping to specific constructs. ReferencesNo external sources were provided in the prompt, and no bibliographic identifiers or full patent text are included to support reliable inline citations. Per constraints, no uncited patent-landscape assertions are included. More… ↓ |
Details for Patent 4,737,462
| Applicant | Tradename | Biologic Ingredient | Dosage Form | BLA | Approval Date | Patent No. | Expiredate |
|---|---|---|---|---|---|---|---|
| Bayer Healthcare Pharmaceuticals Inc. | BETASERON | interferon beta-1b | For Injection | 103471 | July 23, 1993 | 4,737,462 | 2005-07-10 |
| >Applicant | >Tradename | >Biologic Ingredient | >Dosage Form | >BLA | >Approval Date | >Patent No. | >Expiredate |
International Patent Family for US Patent 4,737,462
| Country | Patent Number | Estimated Expiration |
|---|---|---|
| Austria | 33503 | ⤷ Start Trial |
| Austria | 46539 | ⤷ Start Trial |
| Austria | 61407 | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration |
