India: Lopinavir+Ritonavir Abbott Application Rejected


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)

Applicant: Abbott

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

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