NOVARTIS AG is a Swiss multinational pharmaceutical company based in Basel, Switzerland. The disease focus areas of Novartis include Cancer, Cardio-Metabolic, Immunology and Dermatology, Neuroscience, Ophthalmology, and Respiratory. The main platform used by Novartis includes cell and gene therapy.
In India, the Pharmaceutical business of Novartis India Limited is focused on Bone & Pain, Calcium portfolio, Gynecology and Neurosciences and the Generics business is focused on Gynecology, Anti-TB and Anti-infectives.
Novartis AG has filed patent application 2636/MUMNP/2012 that is titled as HIGH REFRACTIVE INDEX, ACRYLIC OPHTHALMIC DEVICE MATERIALS WITH REDUCED GLISTENINGS. This patent application has been granted as Patent Number 297206.
The invention covers the field of pharmaceuticals. The invention related to High refractive index copolymers with reduced glistenings that are disclosed. The copolymers, which are particularly suitable for use as ophthalmic device materials, comprise a high molecular weight, reactive, linear polyethylene glycol component.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that the claims 1-17 are Improved soft, foldable acrylic device materials which are particularly suited for use as lOLs and are known compounds. There has been no advantageous effect over the material shown in the prior art.hence these claims fall within the scope of Section 3(d) of the Indian Patent Act.
As a response to said objection, the applicant responded by submitting that none of the three cited documents by the patent examiner discloses or suggests a device material that contains a high molecular weight, reactive, linear polyethylene glycol component as an agent to reduce glistening. The componential difference in each has been identified and compared and scientific difference in this new discovery has pointed out functionality benefits.
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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