Tuesday, March 05, 2013 2:04:41 PM
The "Novel Difluorinated..." patent application was the broad patent that presumably overlapped too much with prior art. Sunshine refers to it under the PCT application number PCT/FR2003/002330.
http://www.sunshinebiopharma.com/technology.html
Curiously, ProtoKinetix also claims their IP is covered under this patent, citing WO 2004/014928 A2 (19 February 2004) (which is the WIPO patent number issued under the PCT/FR2003/002330 application).
http://www.protokinetix.com/aagp/patents/
To see for yourself, go to http://portal.uspto.gov/external/portal/pair/
and search for PCT number "PCT/FR2003/002330". The result will be "The related U.S. Application 10522365 is a National Stage Entry of PCT/FR03/02330". Click on the underlined 10522365 link to display the status of that application.
If you do the same for PCT/FR2007/000697, you'll see the new 8,236,935 patent. If you click on the transaction history tab, you'll see the it wasn't all smooth sailing. The original application got a final rejection Dec 20, 2011. The amended application was allowed Mar 2012, and issued Aug, 2012.
Sunshine/Advanomics Adva-27 should be protected under the recent patent (it is a CF2 stabilized version of podophyllotoxin), but I am sure Advanomics cannot lay claim to the difluoride technique in general. Given that the recent patent was initially rejected, but then was allowed after amendment, I can't begin to guess how well it will stand up to challenge. Analyzing the claims for these patents for comparison to the Sirona patents would be interesting and prove to be a pleasant 60-hour passtime for anyone that might be interested.
To be clear, the application and patent info for the two patents in question are:
WO2004/014928 = PCT/FR2003/002330 = CA 2492940 = US 10522365 = EPO 2003758183 (withdrawn 11.01.2011) = CN 03817770.6 NOVEL DIFLUORINATED GEM COMPOUNDS, PREPARATION METHODS THEREOF AND APPLICATIONS OF SAME
WO2007/125194 = PCT/FR2007/000697 = US 8,236,935 B2 = CA 2650384 = EP20070731356 = 2024379 (A1) = EP2024379 (B1) FR2900154 (A1) US2009318675 (A1) US8236935 (B2) WO2007125194 (A1) ES2353436 (T3) CA2650384 (A1) AT482225 (T) l NEW GEM-DIFLUORIDE C-GLYCOSIDE COMPOUNDS DERIVED FROM PODOPHYLLOTOXIN, THEIR PREPARATION AND APPLICATIONS
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