Innovate Pharmaceuticals Limited is a research-based development stage pharmaceutical company that discovers and develops innovative medicines. They influence Innovate’s exclusive supra-molecular chemistry policy in the detection and design of novel cures for areas of unmet requirement.
Innovate Pharmaceuticals filed a patent application numbered 201717026076 that is titled SALICYLATE COMPOUND COMPOSITION. The patent has been filed in the field of Pharmaceuticals. This Patent Application has been granted as Patent Number 351106. This invention covers a liquid composition comprising a salicylate compound, glycerin triacetate, and accharin, wherein the salicylate compound is selected from the group consisting of aspirin, triflusal, and salsalate, wherein the composition comprises 0.5 to 7 wt% salicylate compound and 90 to 99 wt% glycerin triacetate.
During the patent examination, the Patent Examiner raised objections stating that the composition comprises salicylate compound, glycerol derivative, saccharin, and flavoring agent of the alleged invention is a mere new form of known composition in the view of the prior art. There is no therapeutic efficacy is given of the composition in the claims. Therefore, the invention fell under Section 3(d) of the Patents Act and not patentable.
As a response, the Applicant submitted that the learned Controller acknowledged the novelty of a previous claim which specified that the saccharin compound is saccharin. The independent claims all specify that the saccharin compound is saccharin. For at least this reason, all claims are novel. It cannot be considered as a new form of a known substance. Hence amended set of the claims did not fall under the purview of 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.
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