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I would like to know the status of Patent wo2013040557a2, specifically the itemized Example 4: Compassionate use of RNA-engineered CAR T cells.

  1. Was the patent issued?
  2. If so, who issued the patent and what documents do/did they review?
  3. As far as you know, was this treatment of Compassionate use of RNA-Engineered Car T-Cells used on a patient identified by the applying physicians to have pancreatic cancer? If so, what was the outcome of this trial and is a report available?
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2 Answers

There is a US priority US61/535,608 dated 21.03.2013 docketed for this PCT.

Although the application is still in the PCT stage, the International Search Report was separately issued on 18.03.2013 having the following link: http://patentscope.wipo.int/search/en/detailPdf.jsf?ia=US2012055760&docIdPdf=id00000021572872%3FparSeparator1=&name=WO2013040557RNA+ENGINEERED+T+CELLS+FOR+THE+TREATMENT+OF+CANCER&parSeparator2=&woNum=WO2013040557&prevRecNum=1&nextRecNum=2&recNum=1&queryString=FP%3A%28wo2013040557%29&office=&sortOption=Pub+Date+Desc&prevFilter=&maxRec=1a. There is one X reference (lack of inventive step)Zhao et al. Cancer Research 15 November 2010, Vol. 70(22)pp 9053-9061.

The Written Opinion of the International Search Authority issued 16.03.2014. The link to the opinion is http://patentscope.wipo.int/search/docservicepdf_pct/id00000024286588.pdf. In summary claims 5-12, 20-27 have meet both the novelty and inventive step requirement over Zhao et al. Claims 1-4, 13-19, 28-30 do not meet the novelty or inventive step requirement.

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This document is an international patent application. To become an enforceable patent in any specific country other steps will need to be taken to enter the national stage in chosen locations. At this point that hasn't happened. Below is a screenshot of a page showing the legal status. It has not gotten very far through the system to date. enter image description here

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