Patent decision

BL number

O/0418/25

Concerning rights in

GB2219338.7

Hearing Officer

Dr R Dinham

Decision date

9 May 2025

Person(s) or Company(s) involved

Reverspah LLC

Provisions discussed

Patents Act 1977 section 1(1)(b)

Keywords

Inventive step

Related Decisions

None

Summary

The application relates to a composition comprising a copper chelator comprising a tetrathiomolybdate [(MoS4)-2] salt (TTM) and at least one other active agent comprising diethylcarbamazine (DEC), which is an anti-inflammatory and an inhibitor of the 5-lipoxygenase enzyme (5-LO), and its use in the treatment of pulmonary arterial hypertension (PAH). The examples disclose the effects of TTM and DEC separately on lung vessel endothelial cells in the PAH rat model, SuHx, but there are no examples showing a combined effect. However, there are statements within the specification asserting that, when combined, TTM and DEC exert a synergistic effect, and this is accompanied by a detailed description of the mechanism of action of these compounds in the affected endothelial cells.

The examiner cited two documents that demonstrate that both TTM and DEC had, individually, been suggested for the treatment of PAH, and considered that, in the absence of any synergistic interaction, the claims relate to a mere collocation of known integers and therefore lack an inventive step, in light of SABAF SpA v MFI Furniture Centres Ltd [2005] RPC 10. Specifically, the examiner considered that the asserted synergistic interaction was not plausible. However, the examiner acknowledged that if there was synergy then the composition would be inventive.

Full decision O/0418/25 240Kb