Before grant in Europe, the European TMT® patent went through an extensive examination process and was exposed to anonymous ‘third party observations’ at that time. These were dismissed and the patent went through to full grant and issued on 13th June 2007 (EP 1275004).
The Board has noted that an opposition has been lodged at the European Patent Office based largely on the same grounds that were made prior to grant through ‘third party observations’. We will be submitting a full, robust and thorough, response to the opposition in the same way as during the ‘third party observations’.
Proteome Sciences plc and its patent counsel are in the process of reviewing the opposition. Their initial view is that the opposition does not raise any grounds of objection that prejudice the validity of the patent. These actions confirm the importance and value of the TMT® isobaric tandem mass tags.
This does not in any way affect the existing status of the TMT® patent in Europe which is issued and enforceable and the Board believes that any manufacture or use of products using isobaric tandem mass tags that come under the broad scope of the TMT® patent may need licences from Proteome Sciences.
It is not expected that this process will have any impact on the rapid growth and demand for isobaric mass tags technology nor should it have any effect on Proteome Sciences’ ability to successfully conclude the outlicencing of TMT® reagents in the early part of 2008.
Contact Proteome Sciences plc at www.proteomics.com
