[Ip-health] Penn "certificates of correction" on federal funding for 5 CAR T patents | Knowledge Ecology International

James Love james.love at keionline.org
Wed Oct 18 10:07:14 PDT 2017

​I have to share a correction to our note yesterday on the Penn CAR T

The correction relates to Penn having filed a request for a "certificate of
correction" on the federal funding of the 5 CAR T patents, something that
does not appear in the text searchable version of the patents, but can be
found by viewing the image files of the patents.

This is explained here: https://www.keionline.org/node/2882

​The take home message for me was (1) we have to routinely check ​the
patent images to see if there are corrections to the patents, (2) we have
been under estimating the number of patents with Bayh-Dole rights, because
we had relied on the USPTO's text searchable versions of the patents, which
does not include or even note the corrections, and (3) there are areas
where the NIH and the USPTO can improve the reporting of the public's
rights in medical patents.

​We had earlier filed a letter with the NIH on 2 Cold Spring Harbor patents
on nusinersen (Trade name Spinraza), which did not have government funding
reported in the text version of the patents published by the USPTO.  We
checked today, and one of the two patents had a certificate of correction,
disclosing the federal funding.  The second patent did not.

However, in the Cold Spring Harbor case, the certificate of correction for
patent 8,361,977 was made on April 24, 2017.   KEI's letter to the NIH on
the failure to disclose was dated January 18, 2017, so the correction was
made more than 3 months after the KEI letter to HHS, and several years
after the patent was initially filed (2005), and more than four years after
the patent was granted (2013).   The federal law gives a company "a
reasonable time" to disclose federal funding.

Cold Spring Harbor has yet to provide a correction to the 8,980,853 patent.

We are looking at other cases where we believe there has been under
reporting on Bayh-Dole rights in patents, which we will share shortly.


James Love.  Knowledge Ecology International
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love

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