SpicyIP Tidbit: Boehringer Ingelheim to patent its hypertension drug


Readers may remember Shamnad’s extensive posts on the Patent Office’s rejection of German drug major Boehringer Ingelheim patent application for the syrup form of Nevirapine, which is particularly important for children with HIV, who are unable to swallow tablets. Well, the ToI reports that Boehringer Ingelheim is filing another patent application, this time for a combination hypertension drug – Telmisartan. Cipla’s wholly owned subsidiary Okasa is going to be opposing the drug on the grounds that the individual drugs and the combination, both, existed prior to 1995 and as you all must know drugs invented prior to 1995 are not patentable under Indian Patent Law. If Okasa’s contention is true then in that case BI will probably have to prove that its combination drug demonstrates increased efficacy when compared to pre-1995 drug. The patent application is being examined by the Mumbai Patent Office. We’ll keep you updated on the latest developments in this case.
Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

2 comments.

  1. AvatarAnonymous

    Prashant,

    The drug Telmisartan is a part of the ‘combination’. The second part is a diuretic – ‘hydrochlorothiazide’.

    ToI has not mentioned this aspect.

    Regards,
    Frequently Anon

    Reply

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