patent circle

Register today for India IP & Innovatio Forum

2012-01-27T10:45:00.001+05:30

Managing IP and Patent Circle gladly invite you to the inaugural India IP & Innovation Forum on February 28, 2012 in New Delhi. The forum is designed to provide the best platform for IP counsel, their advisers and leading officials to meet and debate the latest legal issues and practical strategies for IP owners in India, from patent prosecution to portfolio management strategies. Here are the

India IP & Innovation Forum

2011-12-12T09:35:00.003+05:30

Compulsory licensing: some thoughts!

2011-12-10T02:13:00.004+05:30

For some time now, we have been reporting on compulsory licensing case filed by Natco Pharma with respect to IN215758 for anti-cancer drug Nexavar marketed by Bayer. Natco mainly relied upon on the issues of (1) excessive pricing, (2) non-working of patent, (3) limited circulation of patented product, and (4) public requirements not reasonably satisfied. However, Natco provided no factual

FICCI launches Online Certificate Course on IP

2011-12-09T22:51:00.001+05:30

We are lately being informed that FICCI IPR Division has launched an Online Certificate Course on Intellectual Property (IP) with an objective to create IP awareness as well as to develop a pool of professionals in the area of IPR. The Course is designed for and can be pursued by the students from law, science and related disciplines, lawyers, patent agents, professionals from industry fields,

Warner Chilcott files patent lawsuit against Zydus Cadila

2011-11-19T13:18:00.000+05:30

On November 08, 2011, Warner Chilcott moved a complaint for patent infringement in the US District Court for the District of Delaware against the generic manufacturer Zydus Cadila for alleged infringement of US Pat. No. 6,893,662 (the ‘662 patent) listed with the Orange Book for anti-inflammatory drug Asacol® HD, generically mesalamine delayed-release tablet. In September 2011, Zydus submitted an

Compulsory licensing: Is presumptive evidence sufficient?

2011-11-17T23:34:00.002+05:30

Sometime back, we posted on compulsory license triggered by Natco Pharma with respect to IN215758 claiming anti-cancer drug Nexavar, generically sorafenib tosylate marketed by Bayer. The Application for compulsory license (FORM 17) was filed on July 28, 2011 along with the details of documentary evidence as mandated under S. 84 (3) of the Act. Natco argument for issuance of compulsory license

Glivec patent dispute: the case so far Part III

2011-11-08T02:22:00.004+05:30

Round Three: Appointment of IPAB Technical Member After losing its first two rounds before the Madras Patent Office and the Madras High Court, Novartis third round came against appointment of technical member of newly-constituted IPAB. In April 2007, soon after the Central Government appointed former Controller General of Patents S. Chandrasekhar as a technical member on the Appellate Board, a

Glivec patent dispute: the case so far Part II

2011-11-04T13:52:00.008+05:30

Round Two: Madras High Court Continuing from our earlier post where we discussed rejection of beta-crystalline imatinib mesylate application by the Madras Patent Office under S. 3 (d), we will now focus on round two where Novartis approached the Madras High Court challenging constitutional validity of S. 3 (d). Before we discuss the judgment, a quick reading of S. 3 (d) – “mere discovery

Famy Care settles Femcon Fe lawsuit

2011-10-20T20:23:00.003+05:30

Famy Care, a Mumbai-based women healthcare speciality company, jointly with global generic company Mylan Inc. has entered into a settlement agreement with Warner Chilcott resolving ongoing paragraph IV lawsuit related to Femcon Fe chewable tablets, an oral low-dose (28-days) contraceptive regimen of 21 active chewable tablets of norethindrone and ethinyl estradiol (EE) combination followed by 7

Steve Jobs, 1955-2011

2011-10-06T11:57:00.001+05:30

Steve Jobs was a great visionary who inspired all across the globe and will continue to inspire generations to come who believe in doing. We extend our deepest condolences to his family and Apple's employees. RIP Steve!

Glivec patent dispute: the case so far Part I

2011-10-03T14:04:00.006+05:30

The high-profile Glivec patent dispute in which Novartis challenged the Madras (Chennai) Patent Office decision of rejecting its patent application for beta-crystalline version of imatinib mesylate under vaguely interpreted S. 3 (d) is now been heard in the Supreme Court of India. The dispute has been in print media more for the wrong reasons and widely reported as controversial because of NGOs

An act to streamline, harmonize US patent law - II

2011-10-01T14:26:00.003+05:30

Section 6 Inter partes review Amends 35 USC § 311 to replace inter partes re-examination with “inter partes review” allowing third party to challenge validity or scope of an issued patent only on a ground that is permissible under 35 USC § 102 and 103. The review must be filed within nine months after grant or reissuance of patent or after the grant of termination of post-grant review. Prior

An act to streamline, harmonize US patent law

2011-09-30T21:56:00.006+05:30

On September 16, 2011, the US President Barack Obama signed the Leahy-Smith America Invents Act – enacting it into law that is widely perceived as a reform to foster innovation and stimulate US economic growth by streamlining, harmonizing the US patent process. The new law will speed up the patent process that will help applicants and entrepreneurs bringing their inventions to market sooner,

Nexavar: Compulsory license will severely impact global pharma companies

2011-08-11T12:23:00.004+05:30

In what can be described as a major concern for the global pharma companies, Hyderabad-based Natco Pharma has triggered statutory compulsory licensing provision under S. 84 of the Patents Act, 1970 to manufacture and sell a generic version of Bayer’s patented anti-cancer drug Nexavar, generically sorafenib tosylate. This development came after Bayer refused Natco’s plea to grant voluntary

Writ petition questioning competence of IPAB

2011-01-21T10:00:00.002+05:30

Economic Times lately reported that a group of patent lawyers under the aegis of a newly formed public interest group, Promoting Public Interest Lawyering (P-PIL) have filed a writ petition challenging the legality of the Intellectual Property Appellate Broad (IPAB) saying the members are incompetent to hear IP cases. The patent lawyers have requested the Madras High Court to prevent IPAB from

Patent Office continue refusing pharmaceutical formulations under S.3 (d) and (e)

2011-01-19T12:52:00.003+05:30

The Delhi Patent Office lately refused the Application Number 4015/DELNP/2006 filed by Warner Lambert claiming topical formulation of Pfizer’s potential potassium channel opener UK-157147 for the treatment of alopecia, which got discontinued in phase II trials. The Application got refused on the grounds of lack of inventive step and not patentable under S.3 (d) and (e). During the prosecution,

Application for dabigatran polymorphic form II refused under S.15

2011-01-17T13:15:00.001+05:30

The Delhi Patent Office lately refused the Application Number 924/DELNP/2006 filed by Boehringer Ingelheim claiming polymorphic form II of anticoagulant drug dabigatran etexilate mesylate, marketed under the brand name Pradaxa. The Application was refused on the grounds of lack of inventive step and not patentable under S.3 (d). During the prosecution, Boehringer tried to substantiate the

Patent for anti-hypertension combination drug Valturna revoked

2011-01-10T23:56:00.001+05:30

The Indian Patent Office lately revoked the Patent Number IN212199 issued to Novartis claiming single-pill combination of aliskiren and valsartan marketed as Valturna. The patent was revoked after Novartis failed to overcome the post-grant opposition filed by Sun Pharmaceuticals Ltd. The decision is yet another case where combination claim was found lacking inventive step on the ground of ‘

Application for telavancin hydrochloride refused under S.15

2011-01-09T03:55:00.001+05:30

The Delhi Patent Office lately refused the Application Number 1770/DELNP/2006 filed by Theravnce, Inc. claiming hydrochloride salt of antibacterial drug Telavancin. The Application was refused on the grounds of lack of novelty and inventive step and not patentable under S.3 (d). Complete review of the order can be read here.

Application for contraceptive drug Yasmin refused in pre-grant opposition

2011-01-09T03:48:00.001+05:30

The Chennai Patent Office lately refused the Application No. IN/PCT/2002/410/CHE filed by Bayer Schering Pharma, AG claiming contraceptive formulation of drospirenone and ethinylestradiol (EE) marketed as Yasmin and Yaz/Yasminelle in Europe and the US. The Application was refused after Bayer failed to overcome the pre-grant oppositions filed against the Application by generic manufacturers Cipla

Wishes for 2011!

2011-01-06T22:06:00.001+05:30

First off we would like to wish all our readers a very happy, prosperous and peaceful 2011 and hope all of you had a wonderful time celebrating Christmas and New Year. We apologize for not keeping blogging frequent and active which is mostly due to our commitments, both professional and personal. We may continue not to blog actively even in 2011 on Patent Circle but believe us we do miss

Para IV: Warner Settles Patent Dispute with Lupin

2010-10-15T11:20:00.001+05:30

Warner Chilcott has announced to settle pending patent lawsuits against Lupin Limited over Warner’s oral contraceptive drugs Loestrin 24 FE and Femcon FE. Under the settlement agreement, Lupin agreed it will not sell generic version of Loestrin 24 FE prior to July 22, 2014, unless another company launches a generic version first. Warner further agreed to grant Lupin a non-exclusive license

2nd Edition of the Patent Agent Examination Book

2010-09-28T22:24:00.001+05:30

Readers would recall our earlier blog post on a “New Book Release on Patent Agent Examination” which is the only book available in India on this title. Many of our readers, who would have taken patent agent examination of year 2010, would have noticed that the pattern of patent agent examination has been completely changed sufficiently raising the standard of examination which aims to judge at

USPTO Date Visualization Center

2010-09-09T12:59:00.000+05:30

In a move to create further transparency, the USPTO lately launched the beta version of a USPTO Data Visualization Center that introduces the patents dashboard as reported by the Director’s Forum: David Kappos’ Public Blog. The patents dashboard is an online tool that provides data about a number of USPTO metrics in visual format, including data on pendency and performance indictors such as the

NCEs Outside the Scope of Sec. 3(d), Efficacy Data not Required - II

2010-08-30T18:49:00.002+05:30

Continued from our last post where we briefly discussed about the rejection of pre-grant opposition filed by Cipla for the Application Number 3003/CHENP/2004 for anti-cancer drug Nilotinib which later matured into issued Patent Number 237430. The opposition proceedings was fought on the grounds of lack of (1) inventiveness u/s 25(1)(e) and (2) enablement u/s 25(1)(g). Interestingly during