Cancer immunotherapy: making the most of IP

Research scientists are attempting to harness the therapeutic powers of the human microbiome to find new treatments for a disease that, according to Cancer Research UK, will affect one in two people during their lifetime.

While significant progress is being made, more research is needed to establish which novel therapeutics and combination therapies will deliver the best patient outcomes.

With more R&D activity, the volume of patents filed for various technological advances tends to increase sharply – this is often described as the ‘innovation curve’. The scientists involved and those funding such research programmes understand that finding a new treatment for cancer - potentially by discovering new ways to improve the efficacy of immune-oncology treatments – could represent a significant commercial opportunity.

With the right intellectual property (IP) strategy in place, they will be able to secure some payback for their upfront investment in costly R&D programmes and clinical trials, while helping to bring new cancer treatments to market.

The general public has become more aware of the role of immunotherapy in the treatment of diseases due to the COVID-19 pandemic. A team of scientists at the University of Oxford and AstraZeneca used viral vector technology in the development of an effective two-dose COVID-19 vaccine. With the aim of building on this achievement, a collaborative research programme involving the University of Oxford and the Ludwig Institute for Cancer Research is currently using the same technology to develop a new cancer vaccine.

Improved understanding of the immune system, in particular the important role played by human microbiome, particularly that of the gut, in protecting our health, has inspired much research activity to date. As we learn more about a patient’s microbiome, it is hoped that it might be possible to direct treatments to those who are likely to benefit most and reduce the risk of harmful side effects.

Among the most exciting strands of R&D activity in the area of cancer immunotherapy are tumour-infiltrating lymphocytes (TILs) and CAR T-cell therapies. Both are generating some positive early-stage results. Immune checkpoint inhibitors (ICIs) have also shown great promise in improving the survival rates of some cancer patients.

As the search widens, innovators are looking for other ways to improve outcomes for cancer patients – for example, is it possible to alter a patient’s gut microbiome in combination with immunotherapy. There is now some evidence that gut microbiome could affect the development of certain cancers, mainly those involving the gastrointestinal and hepatobiliary systems. It could also potentially affect the efficacy of other cancer therapeutics, such as ICIs.

The more we learn about gut microbiome, the more we come to understand how it might be harnessed to improve the efficacy of immune-oncology treatments, potentially bringing benefits for cancer patients around the world. Key to unlocking this potential, however, is protecting the flow of investment into this field of R&D activity, which will inevitably mean making the most of IP.

Dr Joanna Thurston is a partner and patent attorney at European intellectual property firm, Withers & Rogers.