In a 5-page
order dated November 20, 2012, the Chennai Patent Office has refused to
grant a patent to Novartis in its application 2208/CHENP/2006 on "A PHARMACEUTICAL
COMBINATION FOR BRAIN DEGENERATIVE
DISEASES”.
The amended Claim 1 read as follows:
l. A
pharmaceutical combination comprising
a) a first agent which is
2-amno-2-12-(4-octylphenyl)ethyl[propane-1,3-diol in free form or in a
phannaceutically acceptable salt form,
or FTY72O-phosphate, or 2-amino-2-f2,-(4-octylphenyl)ethyl]propane-l,3-diol
hydrochloride, and
b) a second agent useful in the alleviation or teatment of
brain degenerative diseases or progressive dementia, selected from an AIvIPA receptor agonist, a noobopic
agent such asi cinnarizine, nimodipine, donepezil hydrochloride, rivastigmine. galantamine hydrobromide, dihydroergotoxin,
nicergoline, piracetame, extacts from Ginkgo leafs, pentiffllh, pyritinol,
vincamine or vinpocetine, and a
Painkiller.
The application appears to have been rejected on grounds
that the amended claim (pursuant to objections in the FER) did not have
adequate support in the specification, and lacked clarity. Further, the invention claimed in the
application was deemed as being obvious in light of the prior art, and deficient
in exhibiting synergistic effect of the combination of ingredients used.
Again, the absence of a detailed discussion on the prior
art cited by the Patent office makes it difficult to critique/appreciate the
order.
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