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Pharmaceutical patents Tag

BananaIP Counsels > Posts tagged "Pharmaceutical patents"

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

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

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 requested for comments and suggestions. The Indian Patent Office had also published the comments received which contained the views of various...

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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 consumer interest, before the generic players flood the market. After the expiry of the term of exclusivity granted to a drug...

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Patent Linkage – An Overview

gene Sequencing

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 the communication between the national regulatory authorities and the Patent Office to prevent marketing approval of generic drugs until after the expiration of patents covering the drug product or approved...

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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 decision arrived on 6th November 2015, LDC members of the WTO will now be allowed to maintain maximum flexibility in their...

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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 non-working and stipulated rules to prevent patents from not being worked commercially. The current system of compulsory licensing for patents in...

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The 3D Effect of Novartis Case on Genetic Inventions

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Masylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was infact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around Section 3(d) of the Indian Patents Act, which prohibits patents on new forms of a known substance unless enhanced efficacy...

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