Pharmaceutical patents | Intellepedia

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.

Abbott’s HIV Drug Patent “Not an Invention”

The Indian Patent Office has rejected Abbott’s application for an HIV drug patent, finding no inventive step in the claimed composition. This decision highlights the robust scrutiny applied to pharmaceutical patents in India and the importance of pre grant opposition in safeguarding public health interests.

Once an Intermediate, Always an Intermediate

This post examines the exclusion of patentability for new uses of known intermediates under Section 3d of the Indian Patents Act. It discusses the statutory language, its implications for pharmaceutical innovation, and whether this aligns with the broader objectives of the patent system in India.

Something More About Swiss Type Claims

This post explores the rationale, development and eventual redundancy of Swiss type claims in patent law. It analyses legal changes in Europe and India regarding second medical use, absolute novelty and recent judicial clarifications.

Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

The Court refused a temporary injunction in the Roche vs Cipla patent dispute, highlighting non-disclosure, validity challenges, and public interest considerations. This analysis discusses the legal principles applied and the balance between patent rights and access to essential medicines.