Plethora of pharma patent infringement cases in India

Even as a battle royal continues between Teva Pharmaceutical Industries (NYSE: TEVA) and Merck & C0 (NYSEL MRK) over the former’s alleged infringement of the latter’s Januvia (sitagliptin) patent in India, the recent decision of the Indian Patent Office to deny Cipla's patent application for an anti retroviral combination reveals its unbiased nature, reports The Pharma Letter’s India correspondent.

It also brings into play significant amendments brought about by the Patent (Amendment) Rules, 2016, whose main criteria is to fulfil the Indian government’s endeavour and reduce patent application period from the prevailing five-seven years to 18 months by March 2018.

Cipla had filed a patent application (Number 1399) in June 2010 for a pharmaceutical composition comprising ritonavir and darunavir for treating AIDS. The application was filed with 22 claims. An earlier examination report by the Indian Patent Office (IPO) in October 2014 noted all 22 claims lacked novelty and inventive step over the prior art.