Pfizer Products, Inc. (Pfizer) filed Indian patent application 991/MUMNP/2003 (‘991 application) entitled “Chiral Salt Resolution” in the Indian Patent Office (IPO) on October 27, 2003. The ‘991 application is a national phase application of WO 02/096909 (PCT/IB02/01905) filed on May 29, 2002. WO 02/096909 claims priority to U.S. application no. 60/294,775 filed on May 31, 2001 and U.S. application no. 60/341,048 filed on December 6, 2001.The closest prior art, WO 01/42246 (D1), also owned by Pfizer, was filed on November 23, 2000 and published on June 14, 2001. D1 claims priority to U.S. application no. 60/170,179 filed on December 10, 1999.
September 3, 2015 Decision by the Assistant Controller of Patents and Designs (Assistant Controller)
Regarding the novelty rejection, the Assistant Controller rejected Pfizer’s argument that D1 was not prior art. Specifically, the Assistant Controller referred to Section 13(1)(b) which refers to “anticipation by prior claiming” and states that “the invention is claimed in any claim of any other complete specification published on or after the date of filing of the applicant’s complete specification, being a specification filed in pursuance of an application for a patent made in India and date before or claiming the priority date earlier than that date”. The Assistant Controller noted that for the purpose of determining novelty, an application for a patent filed in the Indian Patent Office before the filing date of a complete specification of a later filed application but published later, is prior art for the purposes of “prior claiming”.
Source: bricwallblog
No comments:
Post a Comment