NOVARTIS AG Received a Patent for Various Inhibitors

NOVARTIS AG is a Swiss multinational pharmaceutical company based in Basel, Switzerland. The disease focus areas of Novartis include Cancer, Cardio-Metabolic, Immunology and Dermatology, Neuroscience, Ophthalmology, and Respiratory. The main platform used by Novartis includes cell and gene therapy.

In India, the Pharmaceutical business of Novartis India Limited is focused on Bone & Pain, Calcium portfolio, Gynecology and Neurosciences and the Generics business is focused on Gynecology, Anti-TB and Anti-infectives.

NOVARTIS AG filed patent application numbered 3050/DELNP/2011 that is titled COMBINATION OF A PHOSPHATIDYLINOSITOL-3-KINASE (PI3K) INHIBITOR AND A MTOR INHIBITOR. This patent application has been granted as Patent Number  307019.

The invention covers pharmaceutical. The invention relates to a pharmaceutical combination which comprises (a) a phosphoinositide 3- kinase inhibitor compound of formula (I) and (b) a mTOR inhibitor for the treatment of a target of rapamycin (mTOR) kinase dependent disease, especially a cancer disease; a pharmaceutical composition comprising such a combination; the use of such a combination for the preparation of a medicament for the treatment of a proliferative disease; a commercial package or product comprising such a combination as a combined preparation for simultaneous, separate or sequential use; and to a method of treatment of a warm¬ blooded animal, especially a human.

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) (1-12) are statutorily non-patentable mere admixture resulting only in the aggregation of the properties of the components thereof.

As a response, the applicant raised precedents along with legal arguments.

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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