After Natco, Bajaj Healthcare files compulsory license against Eli Lilly; EPO Enlarged Board of Appeal issues decision on ‘double patenting’ and more

In this week’s patent news: After Natco, Bajaj Healthcare files compulsory license application against Eli Lilly for Baricitinib; EPO Enlarged Board of Appeal issues Decision G4/19 – Applications can be refused for ‘double patenting’; IP5 meet virtually to improve application and examination procedures for AI patents; EPO launches ‘EPO Data Hub’ mobile app and Joint Release by WHO, WTO and WIPO

Drug manufacturer, Bajaj Healthcare Limited has filed a compulsory license application seeking permission to manufacture both active pharmaceutical ingredients (raw materials) and formulation of Baricitinib. The application comes after Natco filed a similar request earlier last month which was later withdrawn after Eli Lilly and Natco agreed to a voluntary licensing deal. Bajaj filed the compulsory application on the 26th of May after Eli Lilly allegedly turned down its request for the grant of a voluntary licence. In setting out the ground for the application, Bajaj has stated that the price of Baricitinib sold by Eli Lilly in India is not affordable to the public and that it can manufacture the same drug at an estimated price of Rs 14 (for 1mg), Rs 18 (2 mg), and Rs 28 (4 mg) tablet as opposed to Eli Lilly’s drug, the entire course of which, costs about Rs 45,220 per patient.

The request for compulsory license has been filed respect of the Indian Patent 270765 granted on 18.01.2016.

The Enlarged Board of Appeal which is the highest judicial authority under the European Patent Convention (EPC), on the 22nd of June issued Decision G4/19 holding that a European patent application can be refused by reason of the prohibition on double patenting. The principle of the prohibition on double patenting excludes two patents being granted to the same applicant for one invention. The examining division applied this principle and refused European patent application 10718590.2 under Articles 97(2) and 125 EPC on the ground that the applicant already had a patent for the same invention.

To read more, click here.

Full text of the decision, available here.

The heads of the world’s five largest intellectual property offices (IP5) met virtually on 23rd June for their 14th annual meeting. The Japan Patent Office (JPO) hosted the IP5 Heads of Office Meeting in the form of a video conference. At the Meeting, the JPO and  the heads of the IP5 Offices reached an agreement on some initiatives such as creating a roadmap for IP5 cooperation in the fields of New Emerging Technologies/Artificial Intelligence. The IP5 offices also reaffirmed that intellectual property (IP) plays an essential role in protecting and promoting innovations to help overcome COVID-19 and boost economic recovery.

News source: EPO Press Release

To increase public access to its rich sources of patent statistics, the EPO has launched a new mobile app to complement the annual Patent Index. Available for both Android and iOS devices, the EPO Data Hub is aimed at helping everyone to explore EPO data and to discover trends in the patenting activities of countries around the world. EPO Data Hub contains data covering the last five years (i.e. 2016-2020) for European patent applications and granted patents. In tables and charts it shows the data at global level and country level, in charts and tables, showing % share and % growth as well as rankings for top applicants. The built-in download function makes it easy to access the source data for sharing or further private analysis.

News Source: EPO

The Directors General of WHO, WIPO and the WTO, agreed to enhance their support to members battling the pandemic by collaborating on a series of workshops to augment the flow of information on the pandemic and by implementing a joint platform for tripartite technical assistance to member governments relating to their needs for medical technologies. In the joint statement released, the Directors agreed that the agencies will collaborate on the organization of practical, capacity-building workshops to enhance the flow of updated information on current developments in the pandemic and responses to achieve equitable access to COVID-19 health technologies.

The agencies have also stated that they will implement a joint platform for tripartite technical assistance to countries relating to their needs for COVID-19 medical technologies, providing a one-stop shop that will make available the full range of expertise on access, IP and trade matters provided by our organizations, and other partners, in a coordinated and systematic manner.

To read more, click here.

News source: WIPO Press Releases

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Authored & compiled by Gaurav Mishra

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