German firm Boehringer Ingelheim's patent for asthma drug annulled

An Asthma drug known as Spiriva was annulled by India’s patent office after the patent infringement lawsuit filed by pharma giant Cipla against a German major Boehringer Ingelheim. The patent was cancelled on basis of missing inventive steps lack of demonstration of therapeutic efficacy and the requirement of Section 3(d).

According to legal experts it is a major landmark case  as the revocation  of the  patent took place  after it was granted to the German corporation,  Section 3 (d) of the patent act emerged out to be  an important savior specifically for pharma and chemical  industries, which disallow grant of patent to new form of existing substances unless  the new form shows out enhanced  efficacy over the  known substance.

When contacted to BI spokesperson he stated that Boeheringer Ingelheim Indian patent related to Spiriva had been previously granted and all other patent requirements had been confirmed by the patent office. Boehringer Ingelheim will be evaluating the basis for the recent decision once the reasons are available.

Natco & BMS Settle Entecavir Patent Dispute in India, Terms Undisclosed

BMS-owned patent for hepatitis B drug entecavir has remained at the center-stage of patent disputes across many jurisdictions. In USA, TEVA initiated a patent fight against BMS for Entecavir patent and it was rejected on grounds of strong evidence of non-obviousness.

So when in India, Natco Pharma filed a rectification application for revocation of the patent of entecavir, the flaws in the patent were bound to have impacted the judgement of Indian Patent Office and the court. The end result, however, was far away from expectations.

Even before the court and the IPAB could reach at a decision, the counsels of the involved parties appeared in the court during the hearing in Chennai and informed the Board that they have settled the issue. The terms of settlement remains undisclosed as the parties requested the court and the IPAB to not disclose it to any third party.

BMS owns patent for entecavir, filed on July 2, 2002 and published on January 25, 2008.

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Intellectual Property Management

Intellectual property (IP) is a property which is intangible in nature and is the result of innovation and creativity that can be owned in a same way to physical property. Various IP queries are handled by the IP rights management team that also provides Intellectual property services. The Team help inventor in establishing whether anyone have claimed the IP rights which are granted to him. It is crucial that an inventor should approach such IP experts who are having great acumen about Intellectual property and are well aware of WIPO (World Intellectual Property Organization) technological advances; the Intellectual property support offered by them allows them to stay well-informed with every development within the IP arena.

To help attain the goal of acquiring patent, the IP management team follows approaches like prior art search, patentability search, patent drafting patent illustration etc. All these approaches comes under Intellectual Property Support Services, Also they provide support in commercializing the patent that allows the inventor to make good amount of money easily. 

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