As per patent office journal dated 18/06/2021, patent number 369047 has been granted to the global alliance for TB Drug development, Inc and Janssen Pharmaceutica NV that is titled as an antibacterial compound and uses thereof. The primary independent claim of this patent states a compound of formula that includes any stereochemically isomeric form thereof including R1 -phenyl, optionally mono- or bi-substituted independently with lower alkyl, halogen or alkoxy, -5- or 6-membered heteroaryl, optionally mono-, bi- or tri-substituted independently with lower alkyl, halogen, alkoxy, -SCH3, -SCH2CH3, -N(CH2CH3)2 or -N(CH3)2, -benzofuranyl, -2,3-dihydrobenzo[b][1,4]dioxin-5-yl, -2,3-dihydro-1H-inden-4-yl or -5,6,7,8-tetrahydro naphthalene-1-yl; R2 and R3, independently of each other, are hydrogen or lower alkyl; R4 is -5- or 6-membered heteroaryl, mono-, bi- or tri-substituted independently with alkoxy, – O-cycloalkyl, -S-lower alkyl, difluoromethoxy or -N(CH3)2, -benzofuranyl, – 175 – -benzo[b]thiophenyl or -2,3-dihydro-1H-indenyl; and R5 is halogen or cyano, or a pharmaceutically acceptable salt thereof.
During the patent prosecution, the patent examiner objected to this patent under section 3(d) of the Indian Patents Act. The patent applicant responded to this objection by stating the compounds in the claimed invention are not mere salts/polymorphs/esters of any prior art compounds. Moreover, these compounds of the present invention have not been disclosed anywhere before the priority date of the invention and the experimental data in the specification shows that the presently claimed compounds demonstrated improved antituberculosis activity against replicating M.tuberculosis H37Rv, thus, showing the therapeutic efficacy. Therefore, the compounds of the claimed invention do not fall under the ambit of section 3(d) of the Patents Act.
This patent falls under the category of pharmaceuticals. Overall, this patent covers a compound for the treatment of tuberculosis having a formula that includes any stereochemically isomeric form thereof, or pharmaceutically acceptable salts thereof.
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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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