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Benitec Says USPTO Reverses Rejection of US Patent


Australia's Benitec said this week that the US Patent and Trademark Office has reversed its previous rejections of claims within the company's core US patent.

The patent, No. 6,573,099, covers gene-expression knockdown using DNA that transcribes double-stranded RNA. It fell under USPTO scrutiny as part of patent-infringement litigation the company initiated against now-defunct expressed RNAi shop Nucleonics, and certain claims within the intellectual property were rejected by the patent office (see GSN, 1/21/2010).

However, Benitec said that the rejection of all appealed claims in the patent has been reversed.

"It is therefore anticipated that the USPTO will soon issue a notice of intent to issue [an] ex parte re-examination certificate … which is analogous to the re-issuance of the patent certificate," the company said. "This notice would formally terminate the re-examination proceeding."