Pharmaceutical patents Archives

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration. Continue Reading Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

December 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 474Views 3Likes

ShareFacebook

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity. Continue Reading Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

November 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 855Views 2Likes

ShareFacebook

Image featuring "the origin of the concept of section 3d, indian patent act, 1970"

Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Section 3(d) of The Patents Act 1970 has been the subject of much research interest due to its connection with preventing evergreening in pharmaceutical patents. This section was introduced after the TRIPS agreement, and may have been inspired by a similar provision in the E.U.’s Supplementary Protection Certificates regulation. It requires any patent for a new form of an active ingredient to demonstrate enhanced therapeutic efficacy. Continue Reading Examining the Origins of Section 3(d) in India’s Patents Act and Its…

March 16, 2023 BananaIP Reporter Intellectual Property, Patents 0Comment 1846Views 0Like

ShareFacebook

Revisiting Supplementary Protection Certificates of the European Union

Supplementary Protection Certificates (SPCs) are a form of additional patent protection for pharmaceuticals and plant protection products, granting up to 5 years of extra market protection beyond the standard 20 year patent period. The E.U has established regulations to ensure uniformity across member countries in the grant of SPCs, and over 20000 SPCs have been granted since 1993. Further study is needed to identify when and where SPCs are necessary to ensure they are used responsibly and do not unreasonably…

March 15, 2023 BananaIP Reporter Intellectual Property, Patents 0Comment 1126Views 0Like

ShareFacebook

Profiting from the Patent Cliff: What Drug Manufacturers Need to Know about Secondary Patents

Learn about the patent cliff and how Novartis’ heart failure drug Vymada (Entresto®) will expire its patent protection in 2023. Find out more about secondary patents that can extend market exclusivity of Entresto® until 2033. Continue Reading Profiting from the Patent Cliff: What Drug Manufacturers Need to Know about Secondary Patents

January 13, 2023 BananaIP Reporter Intellectual Property, Patents 0Comment 2545Views 0Like

ShareFacebook

This image depicts Tablets and Capsules of various colors. This image is relevant as the topic is about Final Guidelines for Examination of Pharmaceuticals Published. Click on the image for more information

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

This post was first published on 22nd August, 2014. The Controller General of Patents, Designs and Trademarks (CGPDTM) published the revised draft guidelines for the examination of patent applications in the field of Pharmaceuticals on August 12, 2014. The main intention of said guidelines was to bring in a uniform practice for the examination of patent applications relating to the Pharmaceutical field. Earlier in the month of February, the CGPDTM had published the draft guidelines with regard to this and had…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 797Views 0Like

ShareFacebook

Demystifying the Evergreen myth

This post was first published on 19th May, 2014. Evergreening, known in the politically-correct-circles as “Life Cycle management” of a drug, is the concept of extending the exclusivity term rendered to a pharmaceutical patent through legal and business measures. Contrary to existing myths and notions, Evergreening does not stop an interested party from exploiting the invention of an expiring patent. It is purely a business strategy to introduce and position newer products (sometimes patented) into the market so as to prolong…

July 19, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1087Views 0Like

ShareFacebook

Patent Linkage – An Overview

This post was first published on 5th March, 2011. Authored by Mr. Vijaykumar Shivpuje. Abstract: Patent Linkage with regulatory approval procedure is a sensitive issue for Indian pharmaceutical industry which includes mainly generic companies. This essay discusses the implications of patent linkage and the current scenario in India. Further, the recent developments related to patent linkage including the Bayer v/s Cipla decision and India-EU free trade agreements are discussed. Introduction: Patent Linkage refers to…

February 3, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 4536Views 0Like

ShareFacebook

Extension of Waiver for Pharma Patents until 2033 A.D.

After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents. Following the…

November 26, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 889Views 0Like

ShareFacebook

Compulsory Licensing in India

Mark Twain once said “Get your facts first, then you can distort them as you please”. How is this relevant to this Compulsory Licensing post here? You need to read on to discover that. The history of Compulsory Licensing can be traced back to the UK Statute of Monopolies in 1624, which ruled out monopolies associated with patent, and stated that grants should not be mischievous to the State‘ or hurt trade. The UK recognized compulsory licensing in terms of…

September 30, 2015 BananaIP Reporter Patents 0Comment 1852Views 0Like

ShareFacebook

Celebrating 20 Years of IP Excellence

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Revisiting Supplementary Protection Certificates of the European Union

Profiting from the Patent Cliff: What Drug Manufacturers Need to Know about Secondary Patents

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

Demystifying the Evergreen myth

Patent Linkage – An Overview

Extension of Waiver for Pharma Patents until 2033 A.D.

Compulsory Licensing in India

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us