Patents on CAR T-cells: Claims and prior arts
TCR-Inhibitory Molecules (TIMs) are an approach used by Celyad, currently in preclinical development, to manufacture allogeneic (from another person) CAR T-cells that will not attack the host tissue triggering graft-versus-host (GvH) disease. GvH occurs when allogeneic T-cells are injected (grafted) into a cancer patient and start to attack healthy tissue as the patient (host) is detected as non-self to the graft. As T-cells recognise foreign tissue through the TCR, eliminating functional TCRs in an allogeneic graft will avoid GvH disease. Autologous therapy, the current paradigm, avoids this as it uses “self” cells, but it is expensive as every dose is custom made. Allogenic T-cells would be cheaper to produce and could be “out of the freezer”, enabling rapid treatment. However, it might also be necessary to have a wide bank of different tissue types to ensure some level of tissue matching as otherwise the host immune system would attack and eliminate the grafted cells.
TIMS are either short hairpin RNA (ShRNA) or dominant negative proteins. These genes are linked to the CAR gene construct used to transfect the cells. ShRNA stop the production of TCR proteins; dominant negative proteins are synthesised by the T-cell and assembled into non-functional TCR. These T-cells now only attack patient tumour cells as they cannot “see” any healthy tissue.
A successful patent requires that the idea is novel, that there is an inventive step, and that the invention has a practical function. Most of any patent is taken up with a description of what was already known and a detailed description and examples of the invention and its application. What is protected is stated in the claims. It is usual to start with a very broad Claim 1 and then move to more specific claims that are more easily defended if challenged.
In November 2015, the US patent office granted US9,181,527; this was filed by Prof Sentman in 2009. Claim 1 covers any TCR deficient CAR T-cells to prevent graft-versus-host disease. No international filings were made so Claim 1 only applies in the US. There is no direct prior art cited in the literature so the US examiner in October 2015 granted the patent including Claim 1.
Claim 1 was challenged in February 2016 and is being re-examined by the US patent office; this will take many months and follows a set procedure. Claim 1 remains in force during the process.
The position notified by the examiner in August 2016 was that there was a case that the invention was obvious so an initial opinion has been issued that would, if implemented, strike out Claim 1 only. The basis of the opinion is that diverse elements of the concept of TCR-disabled CAR modified T-cells have now been identified in literature. These are from three diverse literature references separated widely in time and from different journals. The examiner mostly disregarded the prior art cited by the challenger. However, no one prior to Professor Sentman in 2009 had made a specific invention with the function of avoiding graft-versus-host disease. There is always a danger of hindsight in that what now appears obvious can be selectively picked out retrospectively and claimed to be obvious to the idealised “person skilled in the art”.
Again, as is normal Celyad did not respond to the initial examination but waited for the initial findings. Celyad will now respond to the examiner’s initial report. This may cause a reconsideration or maybe a reaffirmation of the original finding. Whatever the outcome, it is likely that one of the parties will appeal. Eventually, the US patent office or courts will either uphold Claim 1 or amend the patent and remove it. Other claims are not affected but may depend upon Claim 1.
While this process proceeds, the patent with Claim 1 remains in force. This could, in theory, block a number of other companies from developing allogeneic therapies. However, allogeneic CAR therapy is many years from any possible regulatory approval and launch in the United States. Patents do not prevent research work from occurring and using the invention but they can block commercial exploitation. Celyad has indicated that it may initiate an allogeneic NKR-2 trial in H217.
Celyad holds other IP covering the TIM technology in detail. In the US, granted patent US9,273,283 specifies the way in which the allogeneic cell is made TCR deficient. In Europe (EP2844742) and elsewhere, the related patent is still an application. These patents do not have the broad scope of Claim 1 in the 2009 patent, but are more specific and potentially therefore stronger patents. Edison assumes that Celyad is filing further intellectual property. Any patent applications will normally be published about 18 months after their filing date.
At the current time, the patent challenge is of minimal relevance to investors because of the early nature of the allogeneic CAR technology space. It does not for example affect the Ono deal on allogeneic CAR therapy in Asia as the patent does not apply there. The key aspect for Celyad investors is the scope and speed of development of the current autologous NKR-2 product.