Tag: section 3d

The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

23rd January, 2020 - 10:35 am Categories: bLAWgathon

Introduction Intellectual Property Rights, in the simplest of terms, refer to rights over creation of the mind. In a world where knowledge economies are on the rise, IPR has become increasingly significant. Intellectual Property Rights entail several rights within its ambit- copyright, patent, geographical indication etc. In this article, we deal only with one form of … Continue reading The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

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To Patent, Or Not To Patent, That Is The Question

11th December, 2019 - 4:12 am Categories: Patents

The granting of secondary use patents in the pharmaceutical industry has become more prominent after the negotiations of the TRIPS Agreement in 1995. More and more secondary use patents have been granted, especially in developed countries. But, on the flip side, some firms tend to take advantage of secondary use patents in order to extend … Continue reading To Patent, Or Not To Patent, That Is The Question

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Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine

24th December, 2015 - 1:39 pm Categories: India News & Updates Patents pharma Section 3(D)

The Indian Patent Office has repudiated Germany’s Boehringer Ingelheim patent on its key HIV drug- Nevirapine, Patent Application Number: 4724/DELNP/2009 entitled “Extended release formulation of Nevirapine”, for a version sold as Viramune XR (extended release), once again forestalling attempts by Big Pharma for “exclusivity” extension on their patented drugs to reportedly block entry of reasonably … Continue reading Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine

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Indian Patent office rejects Patent claim over Abraxane

19th July, 2014 - 12:31 pm Categories: India IPAB News & Updates Patents

In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences … Continue reading Indian Patent office rejects Patent claim over Abraxane

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Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

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Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

10th December, 2013 - 5:58 am Categories: IP Practice in India Patents

After anti–influenza drug Tamiflu (Oseltamivir Phosphate) and antiretroviral drug Viread, Gilead Sciences is again back in news, this time with its hepatitis C (HCV) drug Sofosbuvir. Like Tamiflu and Viread pre-grant opposition, Sofosbuvir patent application is also facing pre-grant opposition. Non-profit group I-MAK (Initiative for medicines access and knowledge) has filed a pre-grant opposition against … Continue reading Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

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GSK’s patent on lapatinib ditosylate revoked by IPAB

8th August, 2013 - 9:36 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July, 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on ground of non-compliance with S.3d alone on basis of no … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB

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The Glivec saga in India is finally over

9th April, 2013 - 9:38 am Categories: IP Practice in India News & Updates

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

27th July, 2010 - 4:47 am Categories: Patent Litigation Pharma/Biotech Patent Litigations

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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