This article briefly explorers recent pharma patent rejections from Indian Patent office. It tries to calibrate information focusing on rejections from the Indian patent office to arrive at a matrix which can serve as a reference tool for pharmaceutical patent prosecution. It outlines the available information to understand the coordinates based on which pharma patents are rejected from the Indian patent office.
Following table lists recently reported cases:
Please download complete list (Link) with other field of information such as :
Application Number, Date filed, Date of decision, and Basis of Rejection
It seems that majority of the rejections can be related to the sections 2(1)j,3b, 3d and 3e of the Indian patent law. Also, that any application that jeopardizes the position of a generic drug in India would face opposition.
However, the case of Tasigna(Nilotinib) from Novartis (237430 3003/CHENP/2004) was granted despite of all the features of rejected application. This seems to be an exception and it would be interesting to see its prosecution history. A article on (Link) relates to this story.
Does this data show that the Indian patent office is trying to balance ‘Indian Health and Welfare’ and patentability standards?
Is it only the commercially successful drugs that are opposed, rejected or revoked?
Do these stringent patentability standards raise the quality of patents/innovation?
-------------------------------------------------
This information is provided by Dr. Sarasija Padmanabhan (Profile) who is registered patent agent at Indian Patent office. She is the lead writer of this report. Please note that the information by no means is complete and needs to be updated regularly. Writers are not responsible for any error in the presented data . This article does not represents writers' employer position on the subject .
Following table lists recently reported cases:
Please download complete list (Link) with other field of information such as :
Application Number, Date filed, Date of decision, and Basis of Rejection
It seems that majority of the rejections can be related to the sections 2(1)j,3b, 3d and 3e of the Indian patent law. Also, that any application that jeopardizes the position of a generic drug in India would face opposition.
However, the case of Tasigna(Nilotinib) from Novartis (237430 3003/CHENP/2004) was granted despite of all the features of rejected application. This seems to be an exception and it would be interesting to see its prosecution history. A article on (Link) relates to this story.
Does this data show that the Indian patent office is trying to balance ‘Indian Health and Welfare’ and patentability standards?
Is it only the commercially successful drugs that are opposed, rejected or revoked?
Do these stringent patentability standards raise the quality of patents/innovation?
-------------------------------------------------
This information is provided by Dr. Sarasija Padmanabhan (Profile) who is registered patent agent at Indian Patent office. She is the lead writer of this report. Please note that the information by no means is complete and needs to be updated regularly. Writers are not responsible for any error in the presented data . This article does not represents writers' employer position on the subject .
Posts
