Elicera Therapeutics

The Board of Appeals at the United States Patent and Trademark Office (USPTO) issued a decision on September 8, 2025, regarding the company’s appeal of the examiner’s decision to reject the patent claims in the U.S. patent application concerning the company’s iTANK platform. The Board of Appeals chose to uphold the examiner’s decision to reject the patent claims.
 

The company’s Swedish patent attorney, Henrik Sjölander at Barker Brettell Sweden AB, comments on the decision: “The U.S. attorney and I do not agree with the conclusions of the Board of Appeals, which we believe are based on a hindsight assessment of the claimed invention. However, together with the company, we have reviewed several possible paths forward and developed a strategy to continue pursuing patent protection for the iTANK platform in the U.S. following the Board’s decision.”
 

The iTANK platform is already patented in Europe and China, where the respective patent offices have deemed the invention patentable. The company’s CEO, Jamal El-Mosleh, is therefore optimistic that the U.S. Patent and Trademark Office will ultimately reach the same conclusion.