Search Results for: Patent Ever-greening

Patently Biotech’s Top 5 Articles of 2012

By Vectorportal

2012 has been an eventful year for biotech IP issues.  Below are the top 5 articles and from Patently Biotech in 2012.  Click on the links to read the full articles. 1.  The Real Reason Why Salk Refused to Patent the Polio Vaccine A guest writer in a recent article in the Wall Street Journal repeated the oft quoted Jonas Salk statement about his Polio vaccine: “There is no patent.  Could you patent the sun?”  Many use this statement Read More >

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Novartis at India Supreme Court: Evergreening Myths and Patent Reality

Pine

Novartis will go before India’s Supreme Court on September 11, 2012 challenging the refusal by the Indian Patent Office to grant a patent on its cancer drug Glivec.  The Indian Patent Office rejected Novartis’ application under a provision in Indian law which is aimed at guarding against so called “patent evergreening.” BIO has written two posts deconstructing the myth of patent evergreening. 1.  Patent “Ever-Greening”: Novartis Confronts Patent Myth in India 2.  Patent Evergreening in Read More >

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Patent Evergreening in India: Response from the Other Side

Plant

Thank you Adriana for commenting on my article Patent “Ever-Greening”: Novartis Confronts Patent Myth in India.  Before I respond, here is your full comment: Adriana says: While patients in India may still be able to access a generic form of off-patent imatinib mesylate (Glivec) if Novartis wins their legal challenge (because this “original form” was never patented in India due to India’s patent law not allowing product patents on medicines prior to 2005), a legal Read More >

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Patent “Ever-Greening”: Novartis Confronts Patent Myth in India

Pine

India’s ‘increased efficacy’ patentability requirement for medicines prevents an improved form of a known drug from receiving a patent unless the new form is significantly more effective than the previously-known form. This provision aims to accomplish one task: stop patent “ever-greening.”  This issue has risen to prominence lately as the New York Times reports on the Novartis suit challenging patent ever-greening requirements in India’s Supreme Court. So what is patent ever-greening?  Opponents claim that corporations Read More >

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