Part II: IPAB revokes Allergan’s patent on eye drugs Ganfort and Combigan

/ By / Patent

Patent II [ORA/21/2011/PT/KOL] The  application was filed against  patent No.219504 “Combination of Brimonidine and Timolol” for topical Opthalmic use. The combination is commercially marketed as “Combigan.” The revocation was sought for on various grounds viz., that the Patent was obtained on a false suggestion or representation, that it was obvious, that it did not sufficiently disclose and violated Section 8 of the Patents Act, 1970. The patent was successfully revoked.  Applicant According to the applicant, the only advantage of the […]

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Part I: IPAB revokes Allergan’s patent on eye drugs Ganfort and Combigan

/ By / Patent

Crying their eyes out? This two part post is about the recently revoked patents owned by Allergan Inc (USA). The patents covered the drugs Ganfort and Combigan, and were used in the treatment for Glaucoma. The drugs essentially reduced pressure in the eyes. The revocation applications were filed by Ajanta Pharma Ltd, a leading Indian drugmaker. Both applications applied for a revocation on  the grounds of obviousness and non-compliance of S. 8, and were successful on the same.  The Board consistently

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Feedback on draft guidelines for Computer Related Inventions

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Image from here The IPO recently received feedback on its draft guidelines for Computer Related Inventions (here). Madhulika blogged about these guidelines (here). Feedback revolve mainly around the following issues: • Most of the comments view the guideline’s interpretation of S. 3(k) as unduly ‘restrictive’, especially with regard to the meaning of ‘computer programs per se’. Comments also highlight the lack of examples of computer programs that are patentable and point to the fact that that the guideline only give

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A naïve report from Parliament on FDI in the Pharmaceutical Industry

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Over the last two decades, the Department-Related Parliamentary Standing Committees have slowly but surely matured into credible institutions that contribute significantly to policy formulation in India. Sadly though, the Parliamentary Standing Committee on Commerce continues to be an exception to this rule of evolution.  Its latest report on “FDI in Pharmaceutical Sector” (available over here) comes to sweeping conclusions against FDI in the pharmaceutical industry with little or no supporting empirical evidence. Policy documents seeking to effect major policy changes

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INTAvening in the Supreme Court: Parallel Imports and the Samsung Saga

/ By / Trademark

INTA, widely recognised as the most powerful IP association the world over has applied for leave to intervene in the famous parallel imports battle that is ongoing in India. A recent INTA bulletin states: “The Asia-Pacific Subcommittee of INTA’s Amicus Committee has filed an amicus brief with the Supreme Court of India seeking leave for INTA to intervene in a closely watched case on parallel imports and international trademark exhaustion. This is the first time the Association has sought to act

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Surprising news! – Roche decides to not ‘pursue’ Herceptin patents in India

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In an extremely surprising development, which was first reported by Vikas Dandekar of PharmAsia, in an article available over here, Roche (which owns Genentech) has announced that it will no longer “pursue” its Herceptin patents in India.  In his statement to PharmAsia, Roche’s spokesperson was quoted as saying that Roche will “not pursue its Indian Patent 205534 and the related divisional applications”. All of these patents and applications which are owned by Genentech have been in trouble for the last

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Independent Intellectual Property: Gunning For (or Against) Glivec?

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On this momentous occassion of India’s 67th independence anniversary, I thought it fit to reflect on the space for “independent” intellectual property thinking. Sadly, tis’ a space that is fast shrinking. And the root cause is one that I’ve highlighted time and again on this blog. A polarisation of our IP debates, and a Bush like “either you’re with us or against us” kind of approach.    Anyone with a half decent view on IP is immediately forced to align

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SpicyIP Tidbit: Special Services announced by WIPO for users of Madrid System

/ By / Trademark

India’s accession to the Madrid system and the consequent amendments to the Trademarks Act and Rules had been covered previously on the blog, available here and here. On July 30, 2013, the WIPO has announced new special services for the users of the Madrid System. The services which will come into effect from August 1, 2013, includes the issuance of a certified copy of a certificate of an international registration and of a certificate of its renewal which can be obtained

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GI News: Kaipad Rice, Nagpur Oranges, Dharmavaram Sarees and more

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Image from here The month of August has seen a lot of GI excitement. As the Hindu reports (here and here), the Kaipad rice of Kerala, Nagpur oranges and the Dharmavaram Saris of Andhra Pradesh received clearance for inclusion in the GI registry. A four month period for objections has been provided after which these GI’s will be notified in the Register. If on the one hand GI are being doled out, on the other, GI holders are trying to

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SpicyIP Tidbit: Patent Office confirms status of Genentech’s Herceptin patent

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Following my post yesterday, the Patent Office has finally confirmed the status of the main Herceptin patent 205534 with the following email: “As per the E-Register, 15th Annuity was due on 03.05.2013 and same has not been paid so far, therefore it shows ceased as of 03.05.2013.However Section 53 of the Patents Act reads with Rule 80 allows the Patentee to pay the same within the extended period not more than six months, if the request for such extension of

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