Actelion Pharmaceuticals Ltd. Received a Patent for Benzimidazole Compounds

Actelion Pharmaceuticals Ltd., is a biopharmaceutical company. The Company develops medicines for the treatment of pulmonary arterial hypertension.

Actelion Pharmaceuticals Ltd. filed patent application numbered 7448/CHENP/2010 that is titled BENZIMIDAZOLE COMPOUNDS AS CALCIUM CHANNEL BLOCKERS. This patent application has been granted as Patent Number 291092.

The invention covers Chemical compounds. The invention relates to compounds of formula (I)

wherein R1 represents aryl, which is unsubstituted, or mono-, di-, or tri-substituted wherein the substituents are independently selected from the group consisting of (C1- 4)alkyl, (C1-4)alkoxy, halogen, and trifluoromethyl; R2 represents hydrogen, or -CO-R21; R 21 represents (C1-5)alkyl, (C1-3)fluoroalkyl, or (C3-6)cycloalkyl; m represents the integer 2, or 3; p represents the integer 2 or 3; and R3 represents hydrogen or (C1-5)alkyl; and pharmaceutically acceptable salts of such compounds. These compounds are useful as calcium channel blockers.

During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the claims  Claim(s) 1-9 are statutorily non-patentable. It relates to the mere discovery of new derivatives and new use for a known substance ie BENZIMIDAZOLE DERIVATIVES AS CALCIUM CHANNEL BLOCKERS. 

As a response to objection, the claims were amended to bring improved efficacy. 

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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