Dismissing the Pre-grant filed by Mr. Tapan Shah, the Indian Patent Office has granted a patent bearing Patent Application No. 640/CHENP/2012 entitled “Nitrogen containing spiro-ring compound and medicinal use of same” covering the commercial product, Delgocitinib.

The claims of the application were directed to nitrogen containing spiro-ring compounds represented by the Markush Formula (I) in claim-1 as inhibitors of Janus Kinase 3 (JAK3) for its therapeutic applications in conditions associated with it. The main grounds of opposition relied by the opponent were obviousness and non-patentable. The opponent in the opposition relied on 4 documents for obviousness. The Applicant argued non-obviousness, emphasizing, on the structural dissimilarity of present invention compared to prior art documents and its contrast teaching. Moreover, heavy reliance was placed on the specification which is replete with exemplified compounds of formula (I) along with its method of preparation, biological activity and formulation.

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