Otsuka Pharmaceutical Co. Ltd. functions as a pharmaceutical corporation. It produces, allocates, exports, and imports pharmaceuticals, clinical testing apparatus, and medical tools. Otsuka Pharmaceutical furthermore offers healthy foods and cosmetics.
In India, the business of Otsuka Pharmaceutical Co. Ltd. focuses on the Method of providing aripiprazole to patients having impaired CYP2D6 or CYP3A4 enzyme function, Innovative preparation, and crystallization of iosimenol, Drug compound and purification methods thereof, and Lyophilized pharmaceutical compositions.
Otsuka Pharmaceutical Co. Ltd. filed a patent application numbered 201717034109 that is titled METHOD FOR PRODUCING 1-(4- HYDROXYPHENYL) -4- (4-TRIFLUOROMETHOXYPHENOXY) PIPERIDINE OR SALT THEREOF. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 351314. This invention relates to a method for producing 1-(4-hydroxyphenyl)-4-(4- rifluoromethoxyphenoxy) piperidine represented by Formula (1) or a salt thereof, the method comprising the step of heating hydroquinone represented by Formula (2) or a salt thereof and 4-(4-trifluoromethoxyphenoxy) piperidine represented by Formula (3) or a salt thereof. The hydroquinone represented by Formula (2) or a salt thereof being used in an amount of 2 moles or more per mole of the 4-(4-trifluoromethoxyphenoxy) piperidine represented by Formula (3) or a salt thereof.
During the patent examination, the Patent Examiner raised objections stating that the claims appear to be a mere use of a known process which neither results in a new product nor employs any new reactant (as seen in the prior art documents cited in the report). Therefore, they concluded that the said claims fall under Section 3(d) of the Patents (Amendment) Act, 2005.
As a response, the Applicant submitted that according to the production method of the invention, 1-(4-hydroxyphenyl)-4-(4 trifluoromethoxyphenoxy)piperidine or a salt thereof can be produced with a high yield and high purity without necessitating complicated steps or using an expensive reagent or the like. Thus, it provides an unexpectedly high degree of isolation yield and is considered to be industrially very useful. Consequently, it was submitted that the invention does not fall under the provision of clause 3(d) 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.
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.
