Novartis AG manufactures pharmaceutical and consumer healthcare products. The Company uses innovative science and digital technologies to create transformative treatments in areas of great medical need. Novartis provides patent-protected treatment medicine and standard drugs and bio-similars.
In India, Novartis AG focuses on computer-implemented methods of determining protein viscosity, compositions comprising amphotericin b, aerosolization apparatus with air inlet shield, and systems and methods for non-destructive mass sensing.
Novartis AG filed a patent application numbered 201714019996 that is titled CRYSTALLINE ISOXAZOLE HYDROXAMIC ACID COMPOUNDS. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 353040. This invention relates to a crystalline form of a hydroxamic acid compound, Compound (A), that is useful for treating infections caused by Gram-negative bacteria, and pharmaceutical compositions comprising the crystalline compound. In one aspect, the invention pertains to treating Gram-negative infections using the disclosed crystalline compound.
During the Patent Examination, the Patent Examiner raised objections under Section 3(d) of the Patents (Amendment) Act, 2005. It was pointed out that the claimed process is a new form of the known substance (crystalline form) in respect of the compounds disclosed by citations because no enhancement in the therapeutic efficacy has been described in the description.
As a response, the Applicant submitted that the pending claims of the invention do not fall under the scope of 3(d). Compound A, on the priority date of instant application, was not known to a person skilled in the art. Thus, there is no known substance exist of compound A on the priority date of the application. Merely because the invention relates to a “crystalline form”, does not automatically attract Section 3(d). For 3(d) to be invoked, there has to be a known substance, known to the public.
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.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
