04 March 2016

Patents – Use of compound by way of particular dosage, not patentable

The Indian Patent Office at Kolkata has rejected the patent application of ‘Use of 2-6-(3-amino-piperidin-1-yl)-3-methyl-2,4-dioxo-3,4-dihydro-2H-pyrimidin-1-ylmethyl-4-fluoro-benzonitrile’ for treatment of diabetes. The claim that the compound is a succinate salt form, which is novel, was rejected by the Patent office holding the same to be not patentable under Sections 3(d) and 3(e) of the Patents Act, 1970.

It was held that the claim also fell within the ambit of Section 3(i) as the claim of ‘single weekly dose’ indicated that invention, if any, lay in the administration of the drug dosage but not in the drug or its formulation.

The Patent office in this regard on 28-1-2016, observed that according to the specification, field of the instant invention was related to method of administering compounds to inhibit dipeptidyl peptidase IV as well as method of treatment only, which is not patentable under Section 3(i).


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