Performance Polyamide, SAS. manufactures specialty chemicals. It is a simplified joint-stock company that has been in business for a year. Located in France, it dedicates itself to the engineering division of other basic organic chemicals.
Performance Polyamide, SAS. filed patent application numbered 9183/DELNP/2013 that is titled as STABILISED POLYAMIDE COMPOSITION. The patent has been filed in the field of POLYMER TECHNOLOGY. This Patent Application has been granted as Patent Number 343650.
In India, the chemical business of Performance Polyamide, SAS. is focused on Stabilized Polyamide, Polyamide composition, Heat-stabilized polyamide composition, Novel Agent for Inhibiting the Swelling of Clays, Composition comprising said agent and Methods Implementing said Agent and Stabilized polyamide compositions.
This invention covers a composition, comprising, a thermoplastic polyamide resin, wherein the thermoplastic polyamide resin is selected from the group consisting of polyamide 6, polyamide 610, and polyamide 66; a compound of formula (I) or a salt [(R1)NH—R—(OH)n (I)] wherein R is a substituted or unsubstituted aliphatic, cycloaliphatic or arylalkyl hydrocarbonbased radical, optionally comprising N, S, O and/or P heteroatoms, wherein the (OH) substituents of the compound of formula (I) are borne by aliphatic carbons of the R group, R1 is a hydrogen atom or a substituted or unsubstituted aliphatic hydrocarbon-based radical, optionally comprising N, S, O and/or P heteroatoms, and n is greater than or equal to 2, provided that, if R1 is substituted with -OH, then n is greater than or equal to 1, and/or a reaction product comprising polyamide resin covalently bonded with residues of the compound of formula (I) and wherein the composition further comprises a reinforcing filler selected from glass fibers.
During the patent examination, the patent examiner raised objections under Section 3(e) and 3(d) of the Indian Patents Act. Firstly, under Section 3(e) the objection indicated that the subject matter asserted in the claims only involves a substance obtained by a mere admixture resulting in the aggregation of the components, thereof and a process for producing such substance. Secondly, under section 3(d), the invention is not patentable in that it involves only “mere use of a known process”.
As a response, the Applicant submitted that the amended claims do not come within the scope of Section 3(d) and 3(e) of the Act, as the claims record a method that results in a new product which cannot be achieved by a mere admixture of the indicated compounds.
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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