ISA Pharmaceuticals B.V. operates as a pharmaceutical company. It is known globally for its immunotherapeutics that are used for the treatment of cancer and incessant virus infections. ISA Pharmaceuticals offers its services to the medical sector in the Netherlands.
In India, the business of ISA Pharmaceuticals B.V. focuses on the formulation of a peptide vaccine, Synthetic Long Peptides (SLP) for therapeutic vaccination against hepatitis B virus infection, and adjuvant compound.
ISA Pharmaceuticals B.V. filed a patent application numbered 3325/DELNP/2014 that is titled ADJUVANT COMPOUND. The patent has been filed in the field of Pharmaceuticals. This Patent Application has been granted as Patent Number 353508. This invention relates to a compound wherein R1 and R2 are each independently a branched or straight group having 10 to 17 atoms selected from carbon, nitrogen, oxygen, and sulfur, n is 11 to and including 18, Y is sulfur, X is O and R is an organic group comprising one or more peptides, one or more nucleic acids, one or more antibodies or combinations thereof.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Indian Patents Act, 1970. It was pointed out that certain claims are directed to the mere use of a known compound which is known in prior arts and the mere use of a known solid-phase synthesis process to prepare the given compound. In the absence of experiment data, it is unclear whether any unknown technical effect is produced or not.
As a response, the Applicant submitted that the Ld. Controller has acknowledged the novelty of the pending claims and the Applicant has provided arguments to show the inventive step of the claimed process in the Reply to Examination. The pending claims excel beyond the mere use of a known compound, because the compound is not known, and because the technical use is surprising. In addition, the product profile obtained from the claimed process is new, therefore, the claimed process does 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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