Singapore, Sep 2, 2010: Commonwealth Scientific and Industrial Research Organization (CSIRO) and Australian biotechnology company, Benitec have received a Notice of Allowance from the United States Patent and Trademark Office (USPTO), allowing US patent application “Synthetic Genes and Genetic Constructs comprising the same”.

This is said to be a continuation application derived from the Graham ‘099 patent currently in re-examination and awaiting a decision from the USPTO. Typically, a granted patent is issued by the USPTO about 4-6 months after allowance.

The claims of this patent are directed to DNA constructs and mammalian cells containing the constructs which are used in methods of silencing viral gene expression by RNA interference. The constructs have two sequences each consisting of 20 nucleotides arranged in inverted orientation to each other and separated by a stuffer fragment. This arrangement and specific length of sequence provide some advantages for silencing of viral gene expression by DNA-delivered RNAi. Certain dependent claims further define the nature of the virus that is targeted or the length of the stuffer fragment.

CSIRO and Benitec are said to be pursuing further, broader claims in several pending applications under examination at the USPTO and have the possibility of filing additional applications as these examinations progress. It is expected that the Graham patent family situation will continue to be clarified at the USPTO over at least the next six months.

“Benitec and CSIRO are pleased that we are seeing good progress with this family of applications in the US and consider allowance of them to be a validation of their value in the field of RNAi therapeutics. We remain committed to achieving allowance of the other pending applications in this family in the US and other jurisdictions,” said Dr Peter French, Chief Executive Officer, Benitec.