Sucampo Pharma, LLC, Sucampo AG Received a Patent for 11-Deoxy-Prostaglandin

Sucampo Pharma, LLC manufactures and distributes ophthalmic products. The Company produces eye drops and other products. Sucampo Pharma also operate clinical studies.

Sucampo Pharmaceuticals LLC acquired of Sucampo AG (SAG) in 2010, a Swiss–based patent-holding company and its wholly-owned subsidiary, Sucampo AG Japan (SAGJ), a patent maintenance company, from Ryuji Ueno, M.D., Ph.D., Ph.D., and Sachiko Kuno, Ph.D., co-founders and majority shareholders of Sucampo Pharmaceuticals, Inc. (SPI).

Sucampo Pharma, LLC, Sucampo AG filed patent application numbered 872/CHENP/2010 that is titled PHARMACEUTICAL COMPOSITION COMPRISING 11-DEOXY-PROSTAGLANDIN COMPOUND AND METHOD FOR STABILIZING THE COMPOUND. This patent application has been granted as Patent Number 290970.

The invention covers PHARMACEUTICALS. This invention provides a pharmaceutical composition comprising 11-deoxy prostaglandin compound represented by formula (I): and a fatty acid eater. By missing the compound of formula (I) and a fatty acid ester, the compound of formula (I) will be stabilized. 45, 46, 47 and 38

During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the  Claim(s) 1-42 are statutorily non-patentable. Instant application discloses use of known method for stabilizing a 11-deoxy-prostaglandin compound without any new product or using at least one new reactant. The dosage form and the capsule as claimed in claims 23 and 24 also consider as new use for a known substance.  

As a response to said objection, the applicant responded by submitting technical and scientific arguments to show that new chemical entity is formed by using chemical reactions.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

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