Jiangsu Atom Bioscience & Pharmaceutical Co. Ltd. (Atom Bioscience) is known throughout the world for its research-based pharmaceutical resources that focus on new drug exploration and growth in the treatment of metabolic deficiencies and cancers.
Jiangsu Atom Bioscience & Pharmaceutical Co. Ltd. filed a patent application numbered 201817012297 that is titled as COMPOUND FOR TREATING OR PREVENTING HYPERURICEMIA OR GOUT. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 353705. This invention relates to a compound of a Formula or a pharmaceutically acceptable salt thereof, wherein: R1 and R2 are independently selected from the group consisting of hydrogen, deuterium, halogen, cyano, hydroxyl, C1-5 alkyl, substituted C1-5 alkyl, C1-3 alkoxy, substituted C1-3 alkoxy, C1-3 alkylthio, or substituted C1-3 alkylthio in one or more, R3 is selected from the substituted or unsubstituted group consisting of C1-4 alkyl or C3-4 cycloalkyl, and its substituents are selected from the group consisting of deuterium, halogen, C1-2 alkyl or C3-4 cycloalkyl.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Indian Patents Act, 1970 where it was pointed out that certain claims represent the mere discovery of a new form of compounds useful for treating or preventing hyperuricemia or gout which does not result in the enhancement of the known efficacy of that substance in view of cited documents.
As a response, the Applicant submitted that the learned Controller has herself acknowledged the novelty of the claims. Accordingly, the subject matter of claims cannot be considered as a new form of known substances and does not fall under 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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