Following my earlier post on this issue, it is now reported that the Indian Patent Office (IPO) has refused patent to the anti-cancer drug, Abraxane. I am yet to obtain a copy of this IPO order.
A recap
Briefly, the opposition against the patent application for Abraxane was filed by Natco Pharma with the IPO and was decided against the patent applicant, Abraxis Biosciences (“Abraxis”). Abraxis appealed against the IPO’s order with the Intellectual Property Appellate Board (IPAB) owing to certain procedural lapses. IPAB agreed with Abraxis and asked the IPO to consider the opposition afresh.
What’s new?
The recent order of the IPO is said to have stated the following:
“The amended claims (here Abraxis Boisciences) lack inventive step and do not constitute an invention under the Patents Act, 1970.”
I will update this post and discuss the IPO’s order in detail once I peruse the order.
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
Comparative advertisement and Trademark Infringement
Have you come across advertisement while watching TV that compare one product with another and it is quite obvious which the contender is despite…
Copyright – Performers Rights in India
You’ve probably come across that Shakespearean quote several times in your life. Shakespeare is one of those people that everyone knows of because…
Revocation of patents in India – High Court clarifies position on Section 8
I had recently written about the importance of disclosing status of foreign applications to the Indian Patent Office and how non-compliance can…