Application Of Section 3(d) On The Intermediate Pharmaceutical Compounds

Background

In an Appeal from refusal Order of a Patent Application the Delhi High court clarified that even for Intermediate chemical compounds, it is important to show enhanced therapeutic efficacy to overcome objection under section 3(d) and Inventive step of the Intermediate compounds. Intermediate compounds are the compounds which are generated during a chemical reaction.

The patent appeal was filed by Zeria Pharmaceutical Co. Ltd (Appellant) before Delhi High Court against the refusal order of the Indian Patent Office.

The patent application (3630/DELNP/2011) filed as a divisional patent application by Zeria Pharmaceutical Co. Ltd (Appellant) from the parent Indian Patent Application number 1090/DELNP/2007, related to a novel intermediate compound formula (5a). The parent application included a claim related to the process however the Divisional patent application claimed only a compound.