Massachusetts Institute of Technology (MIT) is a world-renowned institute that offers educational services including degree courses in architecture, engineering, humanities, arts, social studies, management, and science. MIT was founded and offers its educational services in the State of Massachusetts.
In India, the business of MIT focuses on the generation and synchronization of pulse-width modulated (PWM) waveforms for radio-frequency (RF) applications, Multi-layer hydrogel capsules for encapsulation of cells and cell aggregates, Method to distinguish and analyze white blood cells in the presence of red blood cells, Dynamic resonant circuits for chemical and physical sensing with a reader and RFID tags
ABC filed a patent application numbered 3997/DELNP/2014 that is titled as AMINO ACID DERIVATIVES FUNCTIONALIZED ON THE N TERMINAL CAPABLE OF FORMING DRUG INCAPSULATING MICROSPHERES. The patent has been filed in the field of Drugs. This Patent Application has been granted as Patent Number 347600.
This invention covers compounds and compositions that are characterized by the Markush formulae where at least one terminal amino group is further functionalized by bearing a group of type (i), (ii), or (iii). Such compounds are obtained by reacting a terminal or internal amino group with epoxides, acrylates, or aldehydes bearing lipophilic groups. The resulting amino acid, peptide, polypeptide-lipids (named “APPLs” in the application) are deemed useful as drug delivery systems including nucleotide delivery to cells.
During the patent examination, the patent examiner raised objections under Sections 3(d), 3(e), and 3(i) of the Indian Patents Act. Under section 3(d), the examiner pointed out that the claims indicate a mere discovery of new forms of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process. Derivatives of the known substance are considered as the same substance unless they differ significantly in properties concerning efficacy.
As a response, Applicant duly amended the claims to meet the learned Controller’s requirement and the novel claims no longer fell within the ambit of Section 3(d), 3(e), and 3(i) 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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