Washington -- The Patent and Trademark Office (PTO) hasdeclared that a patent issued to the Massachusetts Institute ofTechnology for genetic antisensing technology interferes witha pending patent application filed by the Research Foundationof State University of New York (SUNY).

Antisense technology uses nucleic acids that bind tomessenger RNA strands that construct proteins, preventingformation of proteins associated with viruses, cancers andother diseases.

The nucleic acids can be applied by administering largenumbers of oligonucleotides into an organism. Geneticantisense technology involves removing a somatic cell type,transforming it with an antisense gene and reimplanting it sothat the nucleic acids are produced within the organism.

MIT applied for its patent, No. 4,740,463, six months after theResearch Foundation filed for its first patent in October 1983.The interference proceeding will determine which universitywas first to invent the technology.

MIT and the Research Foundation must file motions andpreliminary statements with the PTO by Aug. 19 stating whenthey claim to have invented the technology. The proceedingcould take at least two years to complete, said Eugene Moroz, apartner of the Morgan & Finnegan law firm, which representsEnzo Biochem Inc.

Enzo is exclusive licensee to the Foundation's technology. Thecompany is developing a method of inhibiting acute HIVinfection in lymphoid cells by inserting genes to produceantisense nucleic acid repressors against the virus.

MIT has licensed its technology to Gilead Sciences Inc. ofFoster City, Calif. Lita Nelsen, associate director of MIT'slicensing office, said MIT is consulting with Gilead on nextsteps, noting, "We have a valid patent."

According to Moroz, the Foundation's patent covers both themethod of creating genetic antisense systems for any human,animal or plant DNA sequence that can be blocked by antisensegenes, as well as the resulting products. MIT's patent isnarrower, covering only genetic antisense systems that can beused to block cancer-causing genes, he said.

-- Kris Herbst BioWorld Washington Bureau

(c) 1997 American Health Consultants. All rights reserved.