Fresenius Medical Care Deutschland GmbH provides dialysis services and types of equipment. The Company offers cardio-protective hemodialysis, dialysis fluid filters, water technology, acute hemodialysis machines, pediatric therapies, and accessories. Fresenius Medical Care Deutschland operates worldwide.
In India, the business of Fresenius Medical Care focuses on a device for extracorporeal blood treatment and method for operating an extracorporeal blood treatment device, Portable ultrafiltration unit and device for supplying the ultrafiltration unit with dialysis fluid, Method and apparatus for evaluating values representing a mass or a concentration of a substance present within the body of a patient and Blood treatment cassette with film valve and inelastical spacer as well as blood treatment apparatus.
Fresenius Medical Care filed a patent application numbered 7793/DELNP/2012 that is titled as an in vitro method for predicting or assessing the concentration or the mass of hemoglobin (Hb). The patent has been filed in the field of Physics. This Patent Application has been granted as Patent Number 351244. This invention covers a method for predicting the concentration or the mass of hemoglobin or an approximation thereof, respectively, in body fluid and/or an extracorporeal sample thereof of a patient at a later, second point of time, the patient having theoretically or in reality been administered a certain dose of an erythropoiesis-stimulating agent at an earlier, first point of time. It relays a method for defining the dose of an erythropoiesis-stimulating agent to be given to a patient, a method for identifying whether a patient is impacted by conditions resulting in the loss of hemoglobin, to consistent devices and to an erythropoiesis-stimulating medicament for usage in the treatment of anemia. In conclusion, the invention provides a corresponding means, digital storage means, a computer program tool, and a computer program.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Indian Patents Act, 1970. It was pointed out that the subject matter of the claims appears to be the mere use of a known method for predicting or assessing the concentration or mass of hemoglobin, wherein, technical advancement of the invention cannot be acknowledged over the existing knowledge/methods.
As a response, the Applicant submitted that certain claims of the invention were withdrawn and the remaining demonstrate components working together and achieve technical advancement by providing reliable values to be used in the calculation/prediction of the Hb masse/concentration, at a later, second point of time. These aspects waive the objection under Section 3(d).
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.
