Dow Global Technologies LLC is an American multinational chemical corporation headquartered in Midland, Michigan, United States, and a subsidiary of Dow Inc. The company is among the three largest chemical producers in the world.
In India, the Pharmaceutical business of Dow Global Technologies LLC is focused on Package with peelable and non-peelable heat seals, Barrier film, methods of manufacture thereof and articles comprising the same, Processes to prepare ethylene-based polymers with improved melt-strength.
Dow Global Technologies LLC filed patent application numbered 2926/DELNP/2014 that is titled as NITRONE COMPOUNDS AND THEIR USE IN PERSONAL CARE. This patent application has been granted as Patent Number 317988.
This invention covers Pharmaceuticals compound. Provided are compounds and compositions thereof that are useful as antioxidants in personal care formulations. The compounds are of the formula I: wherein R, R1, R2, R3, R4, R5 and R6 are as defined herein.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act Section 3(d) of the Patents Act, 1970 explains that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance, are not patentable. The new form may be salts and derivatives of the known substance. Compounds claimed in claims 5- 6 and 10 are further derivatives of the compounds disclosed in documents D1-D4.
As a response to the said objection, the applicant submits that,
a) Submits that in view of Ajanta Pharma Limited Vs. Allergan Inc. & Ors. , ORA/21/2011/PT/KOL, Section 3(d) is not applicable to these claims since the same relate to a composition that consists of two or more different substances which are not derivatives/forms of each other.
b) The compounds of Examples 1-5 were evaluated for their antioxidant potential using the Oxygen Radical Absorbance Capacity (ORAC) protocol and surprisingly, it was found that the compounds of the invention displayed significantly higher ORAC values compared to the known antioxidants Vitamin E or C.
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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