Respiratorius AB develops pharmaceutical drugs to treat Chronic Obstructive Pulmonary Disease (COPD) and asthma. The Company was founded in 1999 as a spin-off from Lund University.
In India, the Pharmaceutical business of Respiratorius AB is focused on Diagnostic kit, Bronchodilating alpha, beta-unsaturated isoquinoline amides, Contrast agent for imagining myocardial perfusion.
Respiratorius AB filed patent application numbered 5019/DELNP/2014 that is titled as CONTRAST AGENT FOR IMAGINING MYOCARDIAL PERFUSION. This Patent Application has been granted as Patent Number 317928.
The invention covers Pharmaceuticals compound. This invention is directed to compounds and methods for imaging myocardial perfusion, comprising administering to a patient a compound linked to an imaging moiety, wherein said compound binds MC-1, and scanning the patient using diagnostic imaging. The invention also relates to kits comprising said compound or precursor compounds linked or not linked to an imaging moiety.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act that Claims 1-32 of the alleged invention attract the provision of section 3(d) of the Act. Since the cited documents (D1-D3) disclose derivatives, structurally similar to the present compound formula of the present application and the use of the compound is also for similar activity. Hence the present compounds are considered derivative of the known compound as cited without any distinguishing improved efficacy with reference to the cited ones.
As a response to the said objection, the applicant submits that the claimed invention involves compounds which are novel and inventive for the reasons provided without prejudice, the Applicant submits that the specific structure of the imaging agent as disclosed in the amended claim 1 of the instant Application is not known from the Document D2 or D3.
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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