Ockham Biotech prevails in Vectura's patent challenge for inhaled heparin in COPD

UK-based Ockham Biotech says that its European patent covering the use of inhaled heparin for the treatment of patients with chronic obstructive pulmonary disease (COPD) and mucus hypersecretion has been restored, following its grant in 2008 and subsequent revocation in 2011.

In 2002, Ockham filed three patent applications based on the mucolytic properties of inhaled heparin that were discovered by Janis Shute, scientific director for the company. These properties provide a means to improve airway mucus clearance and a “ballistic effect” to deliver other inhaled drugs to mucus-congested airways more effectively.  In addition to its multiple pharmacological and well-described anti-inflammatory properties, the use of inhaled heparin suggests an effective way to treat mucus hypersecretory diseases with airway mucus congestion.

The first European patent on the use of inhaled heparin as a mono-therapy was granted to Ockham in 2008. The patent was subsequently opposed by fellow UK-based developer of inhaled therapies Vectura (LSE: VEC) and was revoked at first instance by the Opposition Division of the European Patent Office in 2011. In March 2013, the Technical Board of Appeal set aside the first instance decision of the Opposition Division and maintained Ockham’s European patent with claims directed to administration via inhalation, intranasally or instillation.