Bayer Pharma Aktiengesellschaft is a multinational pharmaceutical and life sciences company. It primarily participates in the business of pharmaceutical preparations. The Company provides various medicines for health, diabetes, and medical assistance. Bayer HealthCare has reached consumers worldwide.
In India, the Pharmaceutical business of Bayer Pharma Aktiengesellschaft focuses on compounds, compositions, and methods for cancer patient stratification and cancer treatment, Antibody-drug conjugates (ADCs) of KSP inhibitors with aglycosylated anti-TWEAKR antibodies, and 1H-pyrrol-3-amines.
Bayer filed a patent application numbered 201717002530 that is titled as METHOD FOR THE PREPARATION OF (4S) 4 (4 CYANO 2 METHOXYPHENYL) 5 ETHOXY 2 8 DIMETHYL 1 4 DIHYDRO 1 6 NAPHTHYRIDINE 3 CARBOX AMIDE AND THE PURIFICATION THEREOF FOR USE AS AN ACTIVE PHARMACEUTICAL INGREDIENT. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 349402. This invention relates to a novel and improved process for preparing (4S)- 4-(4-cyano-2- inetboxypheny1)-5 -ethoxy-2,8-d i methyl- I ,4-dihydro- I ,6-naphthyridine-3-carboxamide of the formula and also the preparation and use of the crystalline polymorph I of (4S)- 4-(4-cyano-2- inethoxyphenyl)-5-ethoxy-2, 8-di methyl- I, 4-dihydro-1, 6-naphthyridine-3-carboxamide.
During the patent examination, the patent examiner raised objections under Section 3(i) and 3(d) of the Indian Patents Act, 1970. Under Section 3(i), it was cited that the subject matter of the claims relates to the method of treatment and therefore these claims are non-patentable. Under Section 3(d), it was cited that the subject-matter of claims describes the crystalline form of (4S)-4-(4-cyano-2-methoxyphenyl)-5- ethoxy-2,8-dimethyl-1,4-dihydro-1,6-naphthyridine-3-carboxamide already known in the prior art and thus not patentable.
As a response, the Applicant submitted that the disputed claims were deleted, and accordingly rendered the objections moot.
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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