Xellia Pharmaceuticals ApS Received a Patent for Polymyxins Compositions

Xellia Pharmaceuticals ApS produces pharmaceutical products. The Company offers anti-infective products and treatments, as well as contract manufacturing, stability testing, and packaging services for dry powder filled vials. Xellia serves customers worldwide.

In India, the Pharmaceutical business of Xellia Pharmaceuticals ApS is focused on mineral leaching, Polymorphs and new solid states of tiacumicin B, Glycopeptide compositions, Caspofungin composition, purifying lipopeptides, purification of Micafungin.

Xellia Pharmaceuticals ApS filed patent application numbered 5751/DELNP/2015 that is titled POLYMYXINS , COMPOSITIONS AND METHODS OF USE. This patent application has been granted as Patent Number 311955.

The invention covers chemical compounds. A polymyxin or a salt thereof represented by formula (I): 

wherein R 1 is an aliphatic linear or branched C6-C10 acyl group, or R 5 is –CH(CH3)2, –CH2CH(CH3)2, –CH(CH3)CH2CH3, or –CH2C6H5; R 6 is –CH(CH3)2, –CH2CH(CH3)2, or –CH(CH3)CH2CH3; R 2 , R3 , R4 , R7 and R8 is (CH2)xCH2N(CH2SO3M)2; wherein x is 0 or 1; and wherein M is a monovalent cation.

During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the claims 1-17, 18-19 are not clear if the claimed compounds act to provide an enhancement of the known efficacy i.e., demonstrate a greater technical effect and/or differ significantly in properties w.r.t the substituents. In order to overcome this objection show that the present compounds have unexpected properties when compared with the structurally closest compounds from the prior art D1.

As a response to said objection, the applicant responded by submitting revised claims.

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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