Novartis AG is a well-known company that formulates pharmaceutical and consumer products that mainly include healthcare. The Company utilizes different new science and digital technologies to develop transformative medicines in those areas that need medical help. Novartis provides patent-protected prescription treatments and generic pharmaceuticals and biosimilars.
In India, the business of Novartis AG focuses on the treatment of cancer using GFR ?-4 chimeric antigen receptor, treatment of cancer using a CD33 chimeric antigen receptor, lipids and lipid compositions for the delivery of active agents, methods for improving the efficacy and expansion of immune cells and Ribociclib tablet.
Novartis AG filed a patent application numbered 201614042178 that is titled NEW PROCESS AND INTERMEDIATES. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 352185. This invention relates to new chemical synthesis, intermediates, and catalysts useful for the preparation of the Neprilysin (NEP) Inhibitor Sacubitril. It also pertains to novel intermediate compounds and their usage for those new chemical synthesis routes.
During the patent examination, the Patent Examiner raised objections under Section 3(d) of the Patents Act, 1970 stating that the claims involve the mere discovery of a new type of known aspect which does not result in the improvement of the efficacy of that substance or the mere discovery of any novel property or new design for a known substance or of the mere use of a given process. Derivatives of the known substance are considered to be the same substance unless they differ significantly in properties with regard to efficacy
As a response, the Applicant submitted that the claims of the invention disclose a new chemical entity that is a compound and not known at the priority date. Section 3(d) bars the patentability of a new form of a known substance provided enhanced therapeutic activity data is delivered. The claimed compounds are novel and inventive, and therefore, Section 3(d) does not apply.
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.
