For most people, an ideal day begins with a cup of coffee and a newspaper. The blog that we bring to you today is rather unique in its concept and content. It gives you the exact feel of sipping coffee while updating yourself with the latest IP news. Often featured as one of the top pharma blogs, Patent Baristas serves its readers with some “patent chat over a steaming cup of Coffee.” Patent Baristas is an intellectual property news and…
The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from…
This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…
“You win some and you lose some”, this is a phrase all too familiar to most people and more specifically to the market of pharmaceuticals. It is perhaps this phrase that most pharmaceutical companies live by during their existence! Patent infringement, claim invalidation, compulsory license and Generic companies are the most clichéd words that one comes across, whenever there is a mention of pharmaceutical patents. Eli Lilly (a cancer treatment drug) happens to be one such entity that has “been…
Is Section 3(d) an extension of the Inventive Step analysis?
The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:
Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…