Bayer AG is known globally for producing and marketing healthcare and agricultural goods. The Company develops goods that range from aspirin, antibiotics, anti-infectives, cardiovascular, oncology, central nervous system drugs, over-the-counter medications, diagnostics, to animal health commodities, as well as crop protection products, plastics, and polyurethanes.
In India, the pharmaceutical business of Bayer Intellectual Property GMBH focuses on Stable, concentrated herbicidal compositions, Antibiotic formulations, unit doses, kits, and methods, Process for preparing cis-alkoxy-substituted spirocyclic phenylacetylamino acid esters and cis-alkoxy-substituted spirocyclic 1H-pyrrolidine-2,4-dione derivatives, and Non-starch based soft chewable.
Bayer Intellectual Property GMBH filed a patent application numbered 4749/DELNP/2014 that is titled HETEROARYLPIPERIDINE AND PIPERAZINE DERIVATIVES AS FUNGICIDES. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 357216. This invention relates to compounds of a Formula in which the radicals are each defined.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Indian Patents Act, 1970 (as amended). It was pointed out that the subject matter of claims relates to a “mere use of a known compound” and falls under the said clause. Hence it is not patentable unless such a known compound results in a new product or employs at least one new reactant is not an invention. In the absence of experimental data showing any unexpected effect, it is not clear if the claimed compound 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 known compound.
As a response, the Applicant submitted that the claims in question have been amended and thus, do not fall within the purview of Section 3(d) of the Act.
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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