AVI BioPharma Receives Notice of Allowance for Key Patent Application Covering NeuGene Antisense Technology for RNA Viruses

Fourteen RNA Viruses Included in Broad Patent Coverage

PORTLAND, Ore. — July 21, 2004 — AVI BioPharma, Inc. (Nasdaq: AVII), today announced it has received a Notice of Allowance from the U.S. Patent Office for a patent application that covers a large portion of its NeuGene® antisense antiviral technology. The patent covers 14 single-stranded RNA viruses from four families including hepatitis viruses, Norwalk virus, rhinoviruses and coxsackie viruses. The covered viruses cause a range of human diseases including acute and chronic hepatitis, intestinal diarrhea, myocarditis, and the common cold, among others.

“Our previous experience using our proprietary NeuGene antisense technology to develop drugs against West Nile and SARS coronaviruses provides a solid framework for developing therapeutic agents against a broader range of viruses, including hepatitis C and dengue virus, which are important global health issues,” said Denis R. Burger, Ph.D., chief executive officer of AVI. “With this patent allowance, AVI is positioned to move aggressively forward with its patented NeuGene technology targeting most, if not all, RNA viruses. Currently, we are finishing our preclinical work in preparation for an IND filing with the FDA and initial clinical trials in hepatitis C, which we expect to begin next year.”

The patent, titled Antisense Antiviral Agent and Method for Treating ssRNA Viral Infection, includes antisense compounds against RNA viruses from the picornavirus, calicivirus, togavirus and flavivirus families, where the antisense agent has an uncharged morpholino backbone supporting a targeting base sequence complementary to a viral target sequence that spans the translation initiation region of the virus. This is AVI’s patented NeuGene technology targeting the translation start site of RNA viruses. In April 2003, AVI filed a supplement to this application to claim additional RNA viruses including SARS coronavirus and West Nile virus.

AVI believes its NeuGene antisense "rapid response therapeutics" have a significant role to play in the future of antiviral therapeutics. NeuGenes are synthetic compounds that mirror a critical portion of a disease-causing organism’s genetic code and bind to specific portions of the target genetic sequence. Like a key in a lock, NeuGene antisense compounds are designed to match up perfectly with a specific gene or viral sequence, blocking the function of the target gene or virus. Unlike other antisense technologies, AVI’s NeuGene drug candidates have exhibited an excellent safety profile with no drug-related adverse events in 11 clinical trials to date.

About AVI BioPharma

AVI BioPharma develops therapeutic products for the treatment of life-threatening diseases using two technology platforms: third-generation NeuGene antisense drugs and cancer immunotherapy. AVI’s lead NeuGene antisense compound is designed to target cell proliferation disorders, including cardiovascular restenosis, cancer and polycystic kidney disease. In addition to targeting specific genes in the body, AVI’s antiviral program uses NeuGene antisense compounds to target single-stranded RNA viruses, including West Nile virus, SARS coronavirus, calicivirus and hepatitis C. AVI’s second technology, Avicine®, is a therapeutic cancer vaccine with late-stage trials planned for the treatment of pancreatic cancer. More information about AVI is available on the company’s Web site at http://www.avibio.com/.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: The statements that are not historical facts contained in this release are forward-looking statements that involve risks and uncertainties, including, but not limited to, the results of research and development efforts, the results of preclinical and clinical testing, the effect of regulation by the FDA and other agencies, the impact of competitive products, product development, commercialization and technological difficulties, and other risks detailed in the company’s Securities and Exchange Commission filings.