Wednesday, November 21, 2007

Abacavir Hemisulfate - Indian pre grant opposition documents

Glaxo filed a patent application [872/CAL/98] for Abacavir Hemisulfate Salt [corresponding to Orange Book listed US6294540] with the Kolkata Office. This application was opposed by the Indian Network for People living with HIV/ AIDS [INP+].

Post the filing of Opposition, Glaxo has withdrawn the mentioned application. The Kolkata Patent Office vide a letter dated 01/Oct/2007 has confirmed that the application has been withdrawn by Glaxo.

Opposition brief from INP+;
Kolkata Patent Office letter declaring withdrawal of application by Glaxo.

Glaxo's earlier withdrawals from Indian Patent office, here [Combivir and Trizivir].

Tuesday, November 20, 2007

AstraZeneca's Iressa patent application rejected in India

AstraZeneca's filed its patent application at the Indian Patent Office for its drug Iressa [Gifitinib/ Gefitinib] in 1996 and the same was under going pre-grant opposition proceedings by generic companies - Natco Pharma Ltd and J M Pharmaceuticals Ltd.

The Patent Office has now issued a rejection for the patent application, based on the submission of the generic companies that the drug has been in the public domain before the company filed its patent in India.

News report from Mint, here.

A little sleuthing shows* the following:
The Orange Book shows that Iressa has 3 listed patents.
I believe that the Indian application could* be the one corresponding to the 3rd OB patent [US 5770599]. That being the case, I think* that the Indian application [currently rejected] is 841/DEL/1996.
The rejection of this product patent is not the end. My research suggests that there are at least two more process patent applications:
1419/DEL/2003 &
1420/DEL/2003
that cover processes to make
Gifitinib/ Gefitinib.

* = Please note that the above are at best, guesses, since neither side[s] nor the Indian patent office has as yet declared the application number that was rejected.
I will be obliged if any of you readers can send me details/ copy of the decision or any additional information.

Tuesday, November 13, 2007

The Chennai High Court gives an 'interesting' decision

The Economic Times reports:
The Madras High Court has cleared a government proposal to exclude a technical member of the Intellectual Property Appellate Board (IPAB) from hearing Swiss drug giant Novartis’ appeal against the rejection of patent for its anti-cancer drug Glivec. Chief justice AP Shah and justice V Ramasubramanian okayed leaving out S Chandrasekaran, former controller general of patents, from the panel and letting IPAB’s chairman and vice-chairman hear the appeal.
...
Novartis, which in August had filed a petition insisting that Mr Chandrasekaran should not hear its appeal as he had refused the Glivec patent in the first place, welcomed the development. The proposal was approved by all interested parties except Natco Pharma.

To me this is an 'interesting' decision simply because the Appeal Board will now give a technical decision without a technical member deciding the same...

I am just speechless and also the fact that I do not want to PUKE right now...

Readers who want to have a thourough back ground into this matter would do well to visit the Economic Times link above and more importantly visit this article by friend, Shamnad.