Monday, December 10, 2007

India: Cialis : Tadalafil patent application rejection

Earlier history:
Lilly had recd. an EMR for its application [85/DEL/1995] on the drug Cialis [Tadalafil].
Ajanta had filed a petition against this EMR at the Calcutta High Court.
The Court had at that time stayed the EMR. Following the Court order, a letter was sent to the Drug Controller General of India (DCGI) by the Patent Controller's office, communicating that the EMR granted to Eli Lilly was stayed.

Subsequently, in 2006, a hearing was held at the Patent Office on the merits of the under lying patent application. A decision was issued in March 2007 rejecting Lilly's application. However, Lilly has secured a process patent in India on Cialis, which means it can produce the same drug but through a different process.

UPDATE [15/DEC/2007]:
Ajanta
has appealed to the Intellectual Property Appellate Board (IPAB) against the grant of the process patent to Lilly. Meanwhile, Lilly has moved a revision petition against the rejection of its patent application.
News item from Business Standard.

No comments: