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Kumaun University and Dr. B.C. Roy College of Pharmacy & Allied Health Sciences filed a patent application numbered 201611024795 that is titled NATURAL DEGRADATION PRODUCTS OF PROMETHAZINE COMPOUND. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 352905. This invention pertains to the natural degradation process of promethazine compound with a formula (I) wherein R is chosen from the category containing hydrogen, alkyl, aryl, hydroxyl, carboxyl, nitro, amide, amine, or compositions thereof. Natural degradation products are employed against plant and animal microbes in case the percentage of degradation of the drug sample is more than at least 10%.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Patents Act, 1970 stating that anti-microbial agent/process for natural degradation analysis of a promethazine compound as defined in the claims of the instant application is a mere use of known compound/process, which does not result in enhancement of efficacy of a known compound/process.
As a response, the Applicant submitted that the claimed process is not a known process. The claimed invention does not relates to a known process but relates an anti-microbial and process for natural degradation analysis of a promethazine compound, said process includes of procuring a sample of a drug containing the promethazine compound; isolating a degradation product of the drug in a photo protective room at controlled a temperature(22-25 °C) with relative humidity at 50± 5 %, wherein the isolated compounds are stored in aluminium foiled containers (for light protection) at 4°C high performance thin layer chromatography.
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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