Thursday, January 6, 2011

Application No.1770/DELNP/2006 rejected under S.15

In an order dated Dec. 24, 2010, the Delhi Patent Office rejected National Phase Application No. 1770/DELNP/2006 filed by US-based Biopharmaceutical Company Theravnce, Inc. claiming hydrochloride salt of Telavancin, a lipoglycopeptide antibacterial drug marketed as Vibativ for the treatment of adult patients with complicated skin and skin structure infections caused by susceptible Gram-positive bacteria. The Assistant Controller, Shah Alam, refused the Application after Theravnce failed to overcome the substantive objections raised in the First Examination Report (FER) concerning lack of novelty and inventive step under S.2 (1) (j) and non-patentable subject-matter under S.3 (d).

While replying to the FER, the Applicant tried to substantiate the novelty over the prior art in terms of chloride ion content and inventive step in terms of improved storage stability an ambient temperature but failed to provide any supporting data to validate stability argument. During the hearing under S.15, the Applicant further requested additional time to submit written arguments to support the inventive-step and validate efficacious arguments. However, the Applicant failed to submit any material data that can either support the inventive-step or validate efficacious arguments. Notably, the Applicant made very ridiculous argument against the applicability of S.3 (d) rejection. The Applicant stated that claimed substance (i.e., hydrochloride salt of known antibiotic Telavancin) is not a ‘known substance’ and hence does not fall under S.3 (d). 

1 comment:

  1. That was very informative. So many patent applications are being filed round the globe every year. But a good percentage of the filed applications are getting rejected. This is why because most of the inventors dont have sufficient knowledge regarding the terms and conditions to be met to obtain a patent grant for their invention. Recently i happened to come across an article titled "Request for Examination of a patent application – a mandatory requirement in India" which describes in detail about the need of request for examination of a patent application in India. Have a look at the mentioned article at "". Inventors will definitely find it useful if they are intending to file applications in India.