Millennium Pharmaceuticals, Inc., a biopharmaceutical company, engages in the research, development, and commercialization of medicines for the treatment of cancer in the United States and internationally. It develops and markets VELCADE for injection, a cancer therapy for the treatment of patients with multiple myeloma and relapsed mantle cell lymphoma.
Millennium Pharmaceuticals, Inc. filed patent application numbered 41/CHENP/2013 that is titled D2 ANTAGONISTS METHODS OF SYNTHESIS AND METHODS OF USE. This patent application has been granted as Patent Number 311677.
The invention covers chemical compounds. The invention provides D2 or D3 antagonist compounds and pharmaceutical compositions of formula I and pharmaceutically acceptable salts thereof, or isomers thereof, wherein R1, R2 and R3 are as defined herein. The invention further comprises methods for making the compounds of the invention and methods for the treatment of conditions mediated by the dopamine D2 or D3 receptor from the compounds of the invention.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that Claims 1- 19 are not patentable u/s 3(d) of the Patents Act, 1970. The compounds as defined in the claims are not inventive. In view of the compounds as mentioned in the prior art, the compounds of the present invention would be considered as “same substance” as per the clause/Act.
As a response, The applicant, along with technical argument, also brought the point that no objection from other claimant has risen, hence it is patentable.
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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