Formulation patent application which covers Lopinavir+Ritonavir combination is rejected in India. This application was opposed by i-mak, Matrix, Cipla and Osaka.
Application No: 339/MUMNP/2006 (National phase of WO2005/039551)
Opponents: i-mak, Cipla, Matrix, Osaka
Interesting Note: This application is related pharmaceutical composition comprising Lopinavir, ritonavir, Water soluble polymers and surfactant. Interestingly this patent application is not rejected under 3(d) and 3(e).
The Controller stated in her decision that “… a pharmaceutical composition and the invention lies in the selection of suitable surfactants, therefore it cannot be a mere admixture, hence the claims cannot be held as not patentable under section 3(e)….”
Decision is available here
For 339′ application, a divisional application is filed 726/MUMNP/2009; which is also opposed by Cipla and Matrix