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Clarification on the status of patent for the composition and method for treating cancer

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Dear Editor,

There have been many discussions in the public space in recent times regarding the issuing of a patent by the United States Patent and Trademark Office (USPTO) for the composition and method of treating cancer. I wish to bring some clarity to this matter which is of public interest.

In 2007, Dr George Levy and myself filed the patent "Composition and method for treating cancer" in the USPTO. This patent application deals with the anti-cancer activity of Dibenzyl trisulfide as an albumin conjugate. The research work leading to an application for a patent was done between 1999 and 2002 by me while engaged as an Alexander von Humboldt Fellow at the University of Hohenheim, Stuttgart, Germany.

Eighteen months after application, the USPTO published the patent on the Internet, and I was of the view that only patents that were granted were published by the patent office. Checks revealed that they had changed their policy on the publishing of patents and that our patent was still pending and going through the examination process. As such, the patent has not yet been approved. However, we have been reliably advised by our attorneys, who filed for the patent on our behalf, that the examination of the patent has been completed and that the final decision on the patent will be made in October 2015.

We apologise for any misunderstanding and inconvenience that may have resulted from our error. This was not intentional, but rather due to change in USPTO policy, which at the time we did not understand.

The work on the anti-cancer activity of Dibenzyl trisulfide, which forms the basis of the patent, has generated much interest. To date, several drug companies have expressed interest in the patent application published by the USPTO. A review of the papers published on Dibenzyl trisulfide revealed that the compound was effective on over 12 types of cancers and that the molecule could be effective in treating degenerative diseases also. The research work on Dibenzyl trisulfide revealed that the compound was not toxic to non-cancerous cells and will only destroy pathological cells. The mode of action elucidated for Dibenzyl trisulphide is the mitogen activated protein kinase activator. This mode of action is selective for pathological cells and is called the signal transduction mode of action. Five peer-reviewed journal papers were published on Dibenzyl trisulfide, along with the patent application by me while working at the Scientific Research Council (SRC).

Lawrence Williams BSc, PhD

lawrencew@src-jamaica.org

Clarification on the status of patent for the composition and method for treating cancer

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