Patents, Placing and Timings19 Apr 2018 13:36
I just wanted to pass on some observations that i believe to be true.
The approach Scancell took the Moditope patent application was to make a lot of broad claims and then de-scope it to get approval. The rationale for this is that any claim within the original application can be "padded out" or dropped at a later date, but by including them in the original claim it acts as prior art and prevents anyone else being granted for the same claim. They can then file divisional patent applications, which contain matter from the original application, that retain the original filing date and priority. But you can only file divisional applications up until the day before the original patent has been granted.
We know that the patent office have notified us that the core application can be granted, but until Scancell have fully submitted any and all divisional applications, then they will not complete the process and grant the patent.
It is also worth noting that the patent agreed to be granted is from the EPO (european), which is a key market, but not the only key market.
Meanwhile we have an immunobody trial could prove pivotal to Scancell and requiring funding. The combi trial results are "what everyone wants to see" and could well be the catalyst for a significant move from a pharma on that platform.
So why do I point all these things out? Its my belief that any deal for Moditope would be dependent on the granting of the patent in major markets. I would be very surprised if a pharma would sign on the dotted line of a deal until the patents are all secure. What they would likely do is agree to trial the product and put a commercial option down the line, which they agree to sign when the patents are sorted. I think this is the position on Moditope for use as TCR with Biontech. I would also hope that a similar deal is in the making with Genentech on the wider Moditope platform.
So I guess my point is, there may well be a number of commercial deals in place, in the "near term" but they are dependent on too many factors to be completed now. The SCIB1 trial cannot be delayed any longer and needed the funding now, so the BODs hands were tied to a cash raising.
The fact that the BOD have raised cash is not evidence that a deal is not possible.
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