Patent granted in India 2007-08

Indian Patent office granted 15,262 of patents in financial year 2007 -08 and this is record number of patent granted in a year. (Click here for full story). In previous year it was 7539 and total number of filing also crossed 35,000.

The another news source made note on this news that quality of the indian granted patents are also of concern and it compares with EPO’s No. last year EPO had granted 54,000+ having 1300 of examiners and Indian patent office having approxi. 135+ examiners had granted 15,262 patents. (To read full story Click here)

Patenting Flow Chart

Eisai got favorable injunction for preventing generic version of Aricept

Teva Pharmaceutical is not allowed to start selling generic version of Aricept Anti Alzhimer’s drug. Teva had file PIV ANDA for launching generic version of Eisai’s product Aricept.

According to Bloomberg, Eisai’s biggest product with $2.16 billion in worldwide sales in the year ended in march 2007.

The case is Eisai Co. v. Teva Pharmaceuticals USA Inc., 05cv5727 and 07cv5489, U.S. District Court for the District of New Jersey (Newark).

To read full story: http://www.bloomberg.com/apps/news?pid=20601101&sid=a_oB7QDoTda0&refer=japan

Roche Erlotinib Patent suit brief

Roche is an exclusive licensee for Erlitinib hydrochloride in india and patent details are below:
Granted patent: IN196774
Grant Publication: 14/Sep/2007
Application: 537/DEL/1996
Applicant: Pfizer
Corresponding patent: US5747498 [Orange Book listed]
US expiry: 30/Mar/2015

Erlotinib was developed jointly by OSI pharma and Pfizer, later pfizer granted developmental and marketing rights to OSI pharma for royalty free. OSI started clinical development and clinical studies alliance with roche and genentech. This mail-box application of erlotinib was opposed by Natco pharma (Indian drug company) before grant and lost in the pre-grant opposition.

Cipla, indian drug company, announced lunch of generic version of erlotinib (Tarceva) even when patent is in force in india. As expected Roche file infringement suit against lunch of generic version of Erlotinib by cipla and asking injunction to stop manufacture, sale and distribution in Delhi High court.This awaited judgement of delhi high court came on 20th March 2008, allowing Cipla to continue the manufacture of drug till a final ruling on the case. Court declined the temporary injunction against cipla in the view of public interest or as the Mint put it - ‘irreversible damage to the patients’ since the cost of Cipla’s generic version is one-third that of Roche’s patented drug.Elabarate blog article on judgement in SpicyIP: http://spicyipindia.blogspot.com/2008/03/patents-vs-patients-ciplas-victory-and.html

After this judgment, there was a news in economic times that Natco plans to lunch of generic version.