Pharmaceutical patents | Intellepedia

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

Patent War: Is the US Arm-twisting India?

This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result in sanctions or further negotiations under international norms.

Patently Asia – A Drug War!

This post analyses Japanese patents on kratom-derived painkillers and their roots in Southeast Asian traditional medicine. It raises questions on innovation, intellectual property, and the absence of benefit sharing with traditional knowledge holders.

Statement of Working to Compulsory Licensing – Are We Missing Something?

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.

Patent Term Extension, Dog ate my Homework Act

This post evaluates the impact of the proposed Dog ate my Homework Act on patent term extension deadlines at the USPTO. It focuses on deadline miscalculations in pharmaceutical patents and the possible benefits and fairness of a grace period for missed PTE requests.

Demystifying the Evergreen myth

This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.

Novartis Case Review

The Supreme Court’s Novartis judgment clarified Section 3d and its application to pharmaceutical patents in India. It emphasised the need for enhanced therapeutic efficacy and outlined critical standards for patentability, impacting future patent filings.

Compulsory License for “Not working”

This post discusses the legal grounds for granting compulsory licenses when patented drugs are not locally worked in India, as revealed through recent Form 27 compliance issues. It analyses relevant sections of the Indian Patent Act and the implications for innovator pharmaceutical companies.

Patent Suit over Viagra

Pfizer has sued Watson Laboratories to delay generic Viagra, leveraging the Hatch-Waxman Act and its patents. This case examines Pfizer’s legal strategy and the implications for generic competition in the pharmaceutical market.

Pharma Patent Search – A Challenging Task

Pharma patent search is a complex task due to the dense patent landscape and commonality of incremental innovations. This post details a structured approach to conducting thorough pharmaceutical prior art searches, highlighting the specific challenges faced by patent analysts.