Showing posts with label patent. Show all posts
Showing posts with label patent. Show all posts

Sunday, June 30, 2013

Impact of Natco v Bayer: A Giant Step Towards Reasonably Priced Healthcare

(Also read the article 'Game Changer In The Generic Industry' by Jasmine  Kaur)

Introduction
Girl Pill swallowing Capsule in mouth Lady animatedIn March 2012, the Indian Controller of Patents granted India’s first compulsory license under Section 84 of the Patents Act, 1970 to M/s Natco Pharma Ltd[1]. The order was in relation to Bayer Corporation’s patented anti cancer drug Sorafenib tosylate [2], marketed as Nexavar, which was made for the treatment of Renal Cell Carcinoma-RCC (kidney cancer) and also for the treatment of Hepatocellular Carcinoma-HCC (liver cancer)[3].

Compulsory licensing is 
Posted by at 11:45 PM 0 comments
Tags: anti cancer medicine drug, compulsory licensing, indian patent act, jasmine kaur, natco case India, natco v bayer, nexavar, patent, pharmaceuticals, royalty rates

Sunday, May 6, 2012

Development of Patent in Bio Technology: Brief Study from Patent in Micro- organisms to Cereals



This article is written by Vishal Vijayvargiya.

tomatoes vegetables injected biotechnology bio patents. Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered essential because the body cannot synthesise them by it. With the advent of recombinant DNA technology, the protein content of these legumes and cereals can be enhanced, improving their nutritional quality. Genes can be obtained from any source. But I thought it to be more appropriate to isolate a seed protein gene, as this was unlikely to create problems when incorporated into cereals or legumes using genetic engineering techniques. To do this, I chose the Amaranthus plant, because its seeds contain reasonably high quantities of the essential amino acids. In India, The Indian Patent office guidelines with regard to Biotech related patents can be best described as inconsistent and grossly inadequate. The word gene or DNA does not appear anywhere in the Indian Patent Act nor there is any special directive issued by GOI for according legal protection to Biotechnology related inventions. The only reference for the same can be found in the Examination Manual Chapter 8 which deals with Examination and Grant of Patent applications. The Manual is currently in its third edition and has undergone substantial changes since the time it was introduced. The manual is not a binding document as it is not issued under any provisions of the Patent Act, but serves as an informal written guidance for the Examiners at the Patent office. The current as well as the 2008 edition of the Manual regards claims to ‘genetically modified Gene Sequence/ Amino Acid Sequence, a method of expressing the sequence, an antibody against that protein / sequence, a kit containing such antibody / sequence’ as having a single inventive concept and capable of being granted a patent. The above text can be found under the explanation for section 10(5) Unity of Invention. The Patent office indeed does consider claims to genetically modified sequences for grant of Patent, something which I can confirm from the experience of handling prosecution of numerous patent applications claiming DNA and protein sequences. The term ‘Genetically Modified Sequence’ however restricts smooth prosecution of only those inventions which relate to modifying known genes sequences or synthesis of a completely new gene sequence in the lab. To meet the novelty and inventive criteria, the modified gene sequence should not have existed in nature or should differ in at least one aspect from its identical copy in the nature. The difference can be a change of a single base pair which could provide new function, property or configuration to the protein molecule encoded by the gene sequence.
Abstract: Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered
Posted by at 6:17 PM 2 comments
Tags: basmati, bio-patent, biotechnology and patent law, cereals, gene patenting, genetically modified sequence, gmo, greenpeace, india, micro-organisms, Monsato, neem, patent, Vishal Vijayvargiya, wheat

Tuesday, April 3, 2012

Game Changer In The Generic Industry


This article is written by Jasmine  Kaur

Pills Pink Medicine
INTRODUCTION
The NATCO CASE: This case is the landmark judgment on the topic of compulsory licensing in the Indian history. Case was filed by the NATCO Pharma Limited against the Bayer Corporation invoking the section 84 of the Indian Patent Act, 1970 which deals with the subject of compulsory licensing. This order was in relation to the patented anti cancer drug Nexavar which was made for the treatment of Renal Cell Carcinoma-RCC (kidney cancer) and also for the treatment of Hepatocellular Carcinoma-HCC (liver cancer).

The patentee is granted an exclusive right under the patent laws for a limited period. This type of exclusive right prevents
Posted by at 8:14 PM 6 comments
Tags: anti cancer medicine drug, compulsory licensing, indian patent act, jasmine kaur, natco case India, natco v bayer, nexavar, patent, pharmaceuticals, royalty rates
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