Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?
My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent only provides information about anti-CEA antibody and IL-2 conjugate in particular. In other words, all heterodimeric antibody-cytokine fusion molecules under development (such as Pfizer's PD1-IL-15 and Asher's CD8 targeted IL-2) could violate Roche's patent. Is this right?
A: You need to hire a patent attorney or expert in the field to do this analysis for you.
It appears that way. Provided, of course, that all of the other claim limitations of Claim 1 are taken into account. The term "cytokine" is defined in col 13, lines 38 to 62, and Claim 1 does not narrow this definition. This is not surprising; applicants try to claim more than just what is in their examples.
But to get you a reliable answer of what the claim actually covers, and whether other compositions under development would be covered by this patent, you will need to, as Marcos Garciaacosta mentioned, hire a qualified patent attorney. There really is much more to interpreting the claims than just reading the claims.
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