Respiratorius

In addition to reversing the examiner's decision, the Patent Trial and Appeal Board does not point out any new rejections, which is considered as the examiner's ability to raise new rejections to the patent application is limited.

The patent application is Respiratorius' first concerning formulation and claims a new oral formulation of sodium valproate for the pre-treatment of cancer. The priority date for the patent application is April 21, 2016, and is valid for at least 20 years from the priority date, which if approved provides market exclusivity during this period. The corresponding application was approved in Japan in 2022 and in Canada in 2023.