Abbott Healthcare Private Limited was founded in 2001. The company’s line of business includes the wholesale distribution of prescription drugs, proprietary drugs, and toiletries.
In India, the Pharmaceutical business of Abbott Healthcare Pvt. Ltd. is focused on fast dissolving pharmaceutical composition comprising lornoxicam and controlled pharmaceutical compositions.
Abbott Healthcare Pvt. Ltd. filed a patent application numbered 2955/MUM/2009 that is titled as CONTROLLED RELEASE PHARMACEUTICAL COMPOSITION. The patent has been filed in the field of Pharmaceuticals. This Patent Application has been granted as Patent Number 345498. This invention covers pharmaceutical compositions. Particularly, the invention relates to Oral Controlled Release (CR) pharmaceutical composition and processes.
During the patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act stating that the subject matter of claims relates to a new form of already known substances without having any therapeutic efficacy over the known substances.
As a response, the Applicant submitted that no prior art of the invention discloses a control release composition comprising in-situ gelling systems that contain a gelling polymer to control the release of the drug. Thus, the composition of the present invention is an improved control release composition and not a mere discovery of a new composition or a mere discovery of any new property or new use of the known composition. and, hence the objection of 3(d) does not apply.
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.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
