Palobiofarma S.L. is a Spanish biotech enterprise established in 2006 by a collection of scientists with knowledge in drug discovery in multiple pharmaceutical companies. The company emphasizes its internal resources on areas where lies the experience of the management team virtual drug design, medicinal chemistry, in vitro pharmacology of adenosine, Physico-chemical characterization of the compounds, and intellectual property. The residual undertakings required for the entire compound classification and the proposal of a development candidate, like the pharmacology and toxicology assessments, are executed through corporations with different companies (CROs), Research Centers, and Universities.
In India, the business of Palobiofarma S.L. focuses on Adenosine A3 receptor modulators, Amine salt of (1R, 3S)-3-(5-cyano-4-phenyl-1,3- thiazol-2-ylcarbamoyl) cyclopentane carboxylic acid, 5-Bromo-2,6-di-(1H-pyrazole-1-yl) pyrimidine-4-amine for use in the treatment of cancer, Derivatives of 2-aminopyridine as adenosine A receptor antagonists and ligands of the melatonin MT receptors, and Modulators of the adenosine A3 receptors.
Palobiofarma S.L. filed a patent application numbered 201717033680 that is titled as DERIVATIVES OF 2 AMINOPYRIDINE AS ADENOSINE A<SB>2B</SB> RECEPTOR ANTAGONISTS AND LIGANDS OF THE MELATONIN MT<SB>3</SB> RECEPTORS. The patent has been filed in the field of Chemicals. This Patent Application has been granted as Patent Number 351201. This invention relates to a compound of formula (I) wherein R1 represents a halogen atom or hydrogen atom, R2 represents a six-membered heteroaryl ring containing carbon, hydrogen, and one or two nitrogen atoms unsubstituted or substituted by one or two substituents selected from the group consisting of a halogen atom, C1-C4 10 haloalkyl, linear or branched C1-C4 alkyl and, linear or branched C1-C4 alkoxy groups and R3 represents a six-membered heteroaryl ring containing carbon, hydrogen and one or two nitrogen atoms unsubstituted or substituted by one substituent selected from the group consisting of a halogen atom, C1-C4 15 haloalkyl, linear or branched C1-C4 alkyl and linear or branched C1-C4 alkoxy groups.
During the patent examination, the Patent Examiner raised objections on the Plurality of invention. The set of claims did not have common technical features to link them to form a single inventive concept to meet the requirement of section 10(5) of The Patent (Amendment) Act, 2005. Provision of a compound for the treatment of inter alia autoimmune diseases characterized in that variable R1=H and provision of a compound for the treatment of inter alia autoimmune diseases characterized in that variable R1=halogen are not so linked as to form a single general inventive concept. These compounds have in common the same structural feature as the compounds of Formula (I) of the claims, namely 5,6-di(hetero)aryl pyridine-2-amine. 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 the claimed compounds are new and inventive over the cited prior arts. Further, the claimed compounds are not mere new forms of known compounds. In the MANUAL OF PATENT OFFICE PRACTICE AND PROCEDURE (2019), new forms are salts, esters, metabolites, isomers, complexes, and similar to the known substances. The claimed compounds are not this kind of substance, mainly because they are new and not obvious with respect to those disclosed in the prior art. Therefore, the Controller was requested to reconsider and withdraw the objections.
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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