GlaxoSmithKline —
Momelotinib
Patent oppositions to applications 249038 and 276948
Unipharm opposed Patent Application 249038 and its divisional application 276948, concerning crystalline Form II of momelotinib dihydrochloride monohydrate and deuterated variants.
Inventive step, sufficiency of disclosure and claim support.
The proceedings addressed whether the claimed crystalline form involved an inventive step over the prior art and whether the patent specifications taught the invention sufficiently for a skilled person to perform it.
The Patent Office also examined the statutory requirements governing the relationship between the claims and the description.
The oppositions were accepted.
The Patent Office held that the applications did not satisfy the requirements of sections 5, 12 and 13 of the Patents Law. In particular, it found lack of inventive step and concluded that the described methods did not enable implementation of the claimed invention as required by section 12.