Patent related to microRNA-122 granted in australia

Australian Patent Office has granted patent in the ‘Sarnow’ patent series for microRNA-122 (miR-122) therapy for treatment of hepatitis C viral (HCV) infections to Regulus Therapeutics Inc which is a biopharmaceutical company leading the discovery and development of innovative drugs targeting microRNAs. This additional patent award will extend the reach of the Sarnow patent estate that already covers the use of an anti-miR inhibitor of miR-122 for the treatment of HCV in the United States and Europe to Australia also. 

A useful site for patent professionals

I came across a website, www.patenttools.com, which is very useful for the patent professionals who are involved in the preparation of the patent report, landscaping claim analysis etc.
This site provides you the facility of Claim chart generator, Patent navigator, Claim tree generator, Independent claim comparison chart generator, Patent information Table Generator, Patent to PDF generator, USPTO patent link generator.

One Day Seminar on “SECTION 3(d): PROOF OF EFFICACY”

AIPS, Mumbai is going to organize a one day seminar of "SECTION 3(d): PROOF OF EFFICACY” focusing mainly on the efficacy part of section 3(d) of indian patent act.

Patent applicants are often faced with the unenviable task of proving efficacy vis-à-vis section 3(d) of the Indian Patents Act, 1970. This Seminar provides an opportunity to discuss and analyze recent important decisions at the Patent Office in this regard, and learn from the practice of the patent office as to what needs to be done to prove enhanced efficacy of a known drug. The focus will be on understanding the requirements of section 3(d), to know how efficacy is understood, what needs to be shown to prove or disprove enhanced efficacy, and on how to get over the common pitfalls that result in the failure to prove efficacy.

Date                  Friday, July 15, 2011

Timings             10.00 am to 5.30 pm

Venue                AIPS, Goregaon (W), Mumbai

Faculty              Mr. Feroz Ali, LLM, Advocate, Chennai High Court, Author of books on IP / Patents

Fees                   Early bird fee Rs. 6500 + taxes per participant

Early bird fees are applicable for fees (cheques) reaching us by July 4, 2011

For registrations after July 4, 2011, fee will be Rs. 7500 + taxes per participant.

Fees are to be paid by cheque / DD favouring Centre for Scientific and Legal Studies, and should be made payable in Mumbai.

More details can be obtained from AIPS website here         

Lincoln gets patent for its NDDS

Lincoln Pharmaceuticals Limited (LPL), an Ahmedabad-based company has been granted a patent for a nasal spray, by indian patent office which would help in preventing vomiting and nausea.

The pharma company has won the patent for a novel nasal drug delivery system (NDDS) that helps in providing immediate relief in vomiting and nausea, particularly vomiting induced by chemotherapy. The efficiency of Ondansetron Hydrochloride, the molecule that functions as the agent for preventing vomiting and nausea has been proved through clinical trials by the company. Nasal administration is mostly suitable for powerful drugs as only a small amount can be sprayed into the nasal cavity.

Lincoln Pharmaceuticals is the first company in India to launch an anti-vomiting nasal spray pump, which is expected to be marketed in India and over seas within the next 2 to3 months.

At present anti-vomiting treatments in India are restricted to tablets and injections which take a longer time to bring respite. The nasal spray technology contains a concentrated solution containing API, a pump-actuator assembly and a suitable container. The actuator is premeditated to deliver measured dose/volume in a single hit.

Event info for patent practitioners

Pitfalls for Patent Practitioners

Thursday, December 9, 2010
1:00 p.m. - 2:00 pm Eastern Time (6:00 p.m. GMT)
Teleconference

Kristin J. Doyle will discuss two diverse topics affecting patent practitioners: the false sense of security that patent practitioners derive from continuation-in-part practice; and common mistakes by patent practitioners that rob clients of foreign patent protection.

Register to attend this class by clicking here

LexisNexis TotalPatent is now more informative

LexisNexis, recently announced that its award-winning LexisNexis(R) TotalPatent(TM) service is the first patent research service to provide the searchers with direct links to abstracts of non-patent journal articles.
For full detail please click here 

What is the date of grant of patent in india?

There are so many provisions or acts of the indian paten act which are not very clear and one can not judge

confidentially about the interpretation of such acts. The date of grant of patent is one of them. What is the date of grant of patent? Is it the date on which the controller gives order of grant of patent after rejecting pre grant opposition or the date on which it is sealed and entered in the Register of Patents? After few decisions and judgement now the picture is somewhat clear.

To get more clarity please read the full article here

Basics of Patent- Learning series

CLAIM INFRINGEMENT
The term infringement means invasion of the boundary of the patentee.

Types of infringement
Literal infringement:- Means each and every element of claim can be literally found in accused devise or process.

Infringement under DOE:- If there is no literal infringement, a claim can still be infringed under the doctrine of equivalence if the accused device or process performs substantially the same function, in substantially the same way, and achieve substantially the same result.

However DOE is not limitless. Its scope is limited by statements made by the inventor during the time of prosecution of the patent to the patent office. These statements prevent a patent owner from recapturing the matter once surrendered. However it is very complex matter and there is no any thumb rule. Picture of DOE will be vary from case to case.  

INFRINGING ACTS
Direct Infringement:- Any person who make, use, sell or import the patented item.

Contributory Infringement:- Committed by knowingly selling or supplying an item for which the only use is in connection with patented invention.

Indirect Infringement:- If a person actively encourage others to make, use, sell ( or import) the invention, the person so inducing is liable for indirect infringement.

Basics of Patent- Learning series

CONTENTS OF A PATENT SPECIFICATION

Title
Background or prior arts & technical field
Summary of invention
Description of contents in any drawing
Detail description of the invention
Series of examples
Claims
Abstract

Objective of Claims
To define clearly and precisely the exclusive right
To define the scope of invention
To define various necessary, preferred and optional features of the invention
Every complete specification must end with a claim or claims

Structure of claims
Preamble:- A introductory phrase
Transition phrase:- A linking word between preamble and body
Body:- Main features of the invention

Definitions of Transition phrase
Comprising:- Open term saying “including the following but not excluding others”
Consisting:- Closed term saying including this only.
Consisting essentially of:- Part open and part closed term saying “including the following elements and excluding additional unspecified ingredients which would affect the basic and novel characteristics of the product defined in the balance of claim”.

Features of Claims
•Should relate to a single invention
•Should be clear and concise
•Based on matter disclosed in the specification
•First claim is called principal claim and subsequent claims called 
 subordinate claims
•Principal claim should define all essential novel features
•Optional features may be given in subordinate claims
•Format like, “I claim to be inventor, I claim some rewards, I claim this tablet is more effective etc must be avoided

Type of claims
•Principal & Subordinate claim
•Dependent & Independent claim
•Product claim
•Process claim
•Product by process claim
•Composition claim
•Swiss type claim
•Markush claim
•Omnibus claim

Virtual classroom seminar programme at European patent office

Here I am posting the mail I have received from european patent office training team. It is about their virtual classroom seminar schedule and information.

-----------------------------------------------------------------------------------------------------------------
Dear User,
The patent information virtual classroom seminar programme for the rest of 2010 has now been published. On top of our proven subjects we have added new and interesting topics such as
- Spotlight on ESPACE Bulletin
- Visualisation with the Patent Information Expert System
- The new Chinese Patent Law: possible impact, practical experiences and open questions
- Classifications: upcoming changes in the IPC

For the full list and registration please refer to http://www.epo.org/patents/updates/2010/20100916.html
Using the virtual classroom medium, we also offer the regular series of Monthly online patent information newsflash sessions on the last Thursday in September, October and November 2010. Participation in all online training events is free of charge.

We would also like to draw your attention to the EPO Patent Information Advanced Seminar (EPIAS) scheduled to take place at the EPO Vienna 8.-11. November 2010.

For an overview of all seminars, both e-learning and classroom training, please go to:

http://www.epo.org/topics/ip-events/patent-event-search.html

Please filter your selection for virtual classrooms by choosing 'online training' under Medium, and for classroom training by choosing 'Austria' under Location, and 'classroom training' under Medium. At the end of each seminar description you will find the registration link.

We look forward to be able to welcome you in one of our seminars.

Best regards,
EPO Patent Information Training Team

Basic of patent -Learning series

Hello friends,
Through the medium of this blog i am trying to spread awareness for the IPR, specifically patent subject. Now onwards, i will post some basic of patents related topics, so everyone can enjoy the understanding of subject with easy language.
Basic of Patent
A patent is a form of intellectual property right. Other forms of intellectual property rights are trademark, copyright, design and geographical indications.

A patent is exclusive right granted to a person for an invention, which is a product or a process that is,
1)New (Means it was not available prior to public in any form ie article, patent, audio, video or any means)
2)Non obvious or Involves an inventive steps (Means the invention should not be obvious to any skilled person of that particular field of technology. If you are a master in pharmacy then you can easily predict the solution of preventing capping during tablet compression)
3)Has an industrial application (Means the invention should have ability that it can be produced in the industry with repeatedly)

Patent provides protection for limited period:
Generally the patent term is 20 years from date of filing. After the patent term is over, patent is said to be expired and available to public domain to use it freely.

Only one patent is granted for one invention:
All patent covers only one invention or the group of inventions which ultimately relate to a single invention. If you apply for patent covering two inventions, patent office will raise the objection and suggest you to divide your application in to two separate applications.

There is NO such thing as an international patent:
Some people use word like international patent, but there is nothing like that at all. People misinterpret the PCT application (WO application) as world patent or international patent. Wipo or PCT (Patent cooperation Treaty) just act as a intermediate for applicant of patent and multiple country’s patent office. PCT only accept our application and perform search and provide you the patentability report. Based on that report you can decide your future filing in different countries. PCT will not grant any patent.

Type of claims in patent

Its time for learning some basic related to patent. Here i have explained type of claims available in patent.

1) Principal and subordinate
The very first claim with the broadest scope and having all novel and essential features of the invention is called principal claim. All subsequent claims after principal claim are subordinate claims.

2) Independent and dependent
Claim which doesn’t depend on any other claim/s called independent claims. Claims which have dependency on other claim/s called dependent claim. Principal claim is always independent claim while vice versa is not true.

3) Product claim
Actual compound or product claims. It can include the device and apparatus claims also.

4) Process claim
Claim describing any new process for preparing any thing step by step.

4) Composition or formulation claim
Composition of matter claims list the constituents of a new material, as well as the amount of each constituent, if applicable. Nucleic acids and amino acid sequences are often claimed as compositions of matter.

5) Product by process Claims
A product is defined by the method used to manufacture it covering the manufacturing steps.

6) Markush claims
When claim is showing the general structure or formula and providing list of substituent or other elements associated with general structure or formula, it called markush claim. It covers lots of element with a single basic moiety of chemical structure.

Protection of public funded intellectual property bill to be made more transparent

The Ministry of Science and Technology will bring in changes to the 'Protection and Utilisation of Public Funded Intellectual Property Bill, 2008’ to make the process of patenting and commercialisation of inventions from public funded projects more flexible and transparent in line with the suggestions from the experts.


The Ministry will also accommodate the recommendations made by the Parliamentary standing committee on science and technology which has called for a more balanced approach in the attempt to set up a legal framework for the intellectual properties developed through public funded projects.
For full article click here

Patent related resource at one click

Hello friends,
I have came across a website, where you can find the list of patent related resources website list at one click.
Please visit the same at http://www.ipmenu.com/patentresources.htm

Market exclusivities for pharmaceuticals in USA

Freinds this topic is specially for the students and who are new to the field of patent and related things. Here i have explaiend some exclusivities available to pharmaceutical products in USA.

1) New Chemical Entity (NCE) (5 years)
It applies to any new drug that does not contain active ingredient (active moiety) earlier approved in as NDA by FDA. The term is 5 years and no any generic player can market generic product before expiry of NCE. However generic player can file the ANDA after the expiry of 4 years of NCE if they submit the paragraph IV certification. NCE can be extended by 6 months if pediatric exclusivity is granted.

2) First ANDA patent challenger (180 days)
After NDA, the very first ANDA alongwith Para IV certificate will get this 180-day exclusivity against subsequent ANDA filers. FDA will not approve another ANDA during 180 days exclusivity of the first ANDA holder.

3) New Clinical Investigations (3 years)
It applies to the new indication of known compound. Sponsor must submit the clinical trial data for the new indication. Generic player will not get the approval till the expiry of the exclusivity. However generic player can carve out the new indication and can go ahead with the known previous indication.

4) Orphan Drug (7 years)
It applies to the first NDA or BLA approved for a “rare” disease or condition. The definition “rare” disease is defined by any disease that affects less than 200,000 people in US, or affects more than 200,000 people in US but there is no “reasonable” expectation that development costs for drug will be recovered from US sales. Till the expiry of this exclusivity no any generic player can get the approval form the FDA for the same disease or condition.

5) Pediatric Exclusivity(6 months)
It applies to all the patents listed in the orange book as well as all other regulatory exclusivities. For this exclusivity, sponsor must provide the data of the pediatric clinical trials as requested by the FDA. Two separate 6 months pediatric extension can be possible.

6) Animal product exclusivity (5 years)
Veterinary drugs can also receive market exclusivity under the Generic Animal Drug and Patent Term Restoration Act (“GADPTRA”). Exclusivity is for either 3 or 5 years, during which time no other generic copy may be approved (in the case of 3-year exclusivity) or no other generic application may be submitted (in the case of 5-year exclusivity).

IPR training at NIIPM by indian patent office

The National Institute for Intellectual Property Management (NIIPM) is a Central Government Organization under the Ministry of Commerce & Industry engaged in conducting Training / Awareness programs on Intellectual Property Rights (IPR) i.e. Patents, Designs, Trademarks & Geographical Indications.

Its really very cost effective and learning experience for IPR beginners. Right now the training schedule was closed in July but in future the new time table will be there.


Please visit here for more details http://ipindia.nic.in/niipm/index.htm

Online assistance from Indian patent office

Indian patent office has changed very drastically in last 4-5 years and also digitalized almost. To help individual inventors and other IP professioanls, indian patent office has started interactive guidance sessions online.
Here you can ask your query and questions related to indina patent act and any process related to patent filing and prosecution. Here you have to do the registration with simple information and after that you can start the live session. The interactive session remain open only from monday to friday at 3.00 pm to 4.00 pm.

So start your session to get more clarifiaction on your doubts and queries.
click the link to start session at https://www.ipindiaonline.gov.in/chat_ipo/welcome.html

FICCI launches IPR Facilitation Centre in Delhi for MSMEs

FICCI has launched an IPR Facilitation Centre at Federation House (FICCI), New Delhi, in association with the union Ministry of Micro-Small and Medium Enterprises (MSME) to help MSMEs in the filed of IPR.

The centre will provide IPR service of the technical as well as legal experts to the MSMEs.

For more details please visit the full article at Pharmabiz
http://www.pharmabiz.com/article/detnews.asp?articleid=56981§ionid=

Welcome to the wolrd of patent in pharma

Hello friends,

This is an initiative for all the pharma professional connected to the patent, either directly or indirectly. I will try to cater the requirement of diverse group starting from fresher pharma student to the high level industry professionals.

I hope it will be helpful to all of you.

Your suggestion, feedback and comments are required to improve it day by day.

Thanks & Regards,
Sanjay Patel