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news.OSI Pharmaceuticals has filed with the US Patent and Trademark Office an application to reissue its composition of matter patent for Tarceva, in order to correct certain errors relating to the claiming of compounds, other than Tarceva, which fall outside of the scope of the main claim in the patent.
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The company’s reissue application seeks to correct these errors by deleting surplus compounds from the claims. Like most composition of matter patents claims many compounds in addition to Tarceva. Tarceva itself is accurately described in the particular patent.
Colin Goddard, CEO of OSI, said: “We view eliminating these errors as soon as possible as the best approach to defending against any challenge to our Tarceva intellectual property position and have settled on a strategy to reissue the core Tarceva patent. We remain confident in the ultimate core composition of matter protection of Tarceva and view the reissue filing as a prudent step, given the current environment, in order to manage any prospective generic challenge to the patent estate and to address concerns associated with any possible future litigation.”