7th July, 2009

REFUSAL OF PATENT TO NOVARTIS' DRUG, "GLIVEC"-IPAB
The IPAB (Intellectual Property Appellate Board) has upheld that, drug manufacturer, Novartis' patent application for the cancer drug  "Glivec" is not patentable since it does not meet the criteria of section 3(d) of the Indian Patent Act.

SAN MARINO LEADING EPC WITH 36 MEMBER STATES
San Marino, a small Republic State included into the Italian territory, became the 36th State to join the European Patent Convention. From 1st July 2009, San Marino can be designated in a European Patent application.
 Patent protection  in San Marino can be obtained either by a national patent application or by a European Patent application designating this country. The nationals of San Marino can now file International Applications under P.C.T. through the European Patent Office.
San Marino is a Republic State and has its own sovereignty though it has been included into the Italian territory,  and  its official language is Italian. The Intellectual Property Law of the country is independent from that of Italy.

APPLE'S IPHONE MAY FACE TRADEMARK PROBLEMS IN CHINA
A Chinese company, which owns the trademark ‘i-phone’ may make it difficult for Apple Inc. to sell a similarly spelled product in the same market.
Apple is allegedly in talks with China Unicom to offer the iPhone. But the similarities of the two names would make it illegal to sell the phone under that name in China.

Apple had applied for the iPhone trademark in China 2002 and its application covered computer hardware and software only and not phones, according to the Chinese trademark office. In 2004, Hanwang Technology, a Chinese company, which makes electronic devices and Chinese handwriting recognition systems, registered the i-phone trademark covering phones.
Apple would need to reach an agreement with Hanwang or apply to the trademark office to revoke Hanwang’s trademark before selling the iPhone in China.

MICHAEL JACKSON HAS A PATENT TOO- ANTI-GRAVITY SHOES
Michael Jackson is listed as the first of three inventors on a USPTO patent granted in 1993 for a "method and means for creating anti-gravity illusion." These are special loafers fitted with heels that can fit into the stage floor and allow the wearer to lean forward, at gravity-defying angles.

Jackson co-developed the technique as an improvement upon a previous method in which he and his dancers were rigged up with harnesses and cables. This shoe-based system has the advantage of permitting a performer to move about freely on a stage. Jackson's patent is referenced as an predecessor to another footwear innovation patent. Granted last year, it covers flip-flops that have a bottle-opened in the footbed.

ABBOTT LABS MAY NEGOTIATE AN AGREEMENT WITH JOHNSON & JOHNSON
Abbott Laboratories has lost a nearly $1.7 billion patent verdict for a blockbuster drug, with Johnson & Johnson. A negotiation would allow both companies to derive benefits from each other's drugs. J&J's Centocor subsidiary had claimed Abbott's Humira rheumatoid arthritis drug was made with technology developed by New York University that is licensed to J&J, which sells a similar drug Remicade.

Abbott Laboratories had filed suit against J&J, claiming that it infringed on Humira's patents in the development of J&J's Simponi, which was launched earlier this year as a successor to Remicade. Analysts project Simponi to also become a multibillion-dollar blockbuster drug. The drugs are used in treating rheumatoid arthritis, psoriasis and Crohn's disease, a chronic bowel inflammation. Abbott says it plans to appeal Monday's verdict, which would be a one- to two-year process and this would give both parties time enough to work out a settlement.

U.S. GROUP QUESTIONS ASTRAZENECA'S CRESTOR PATENT
Article One Partners LLC, a U.S. patent research group has established evidence (prior art) that could be used to declare AstraZeneca Plc's patent for its cholesterol fighter Crestor invalid.
AstraZeneca is involved in litigation to defend the Crestor patent from generic drugmakers that want to bring a cheaper copy to the U.S. market.

A similar discovery by Article One, launched by CEO Cheryl Milone last year, led to a patent office decision last month to reexamine a patent for Merck and Co Inc's blockbuster Singulair, a drug for treating asthma and allergy.
Article One encourages researchers and experts in various fields to identify evidence related to patent validity. Those who succeed are paid and the collected evidence is sold to the group's clients. Discovery of good prior art would make defending a patent considerably more difficult.

DR. ZALMAN M. SHAPIRO GRANTED PATENT FOR INNOVATIVE METHOD OF SYNTHESIZING DIAMONDS
Large diamonds are poised to become more affordable with the issuance of a new patent granted to Dr. Zalman M. Shapiro for creating gem-quality stones. Dr. Shapiro is 89 years old and he is one of  the oldest, living inventors currently active in the United States.

He was personally presented with his new patent by John J. Doll, Acting United States Under Secretary of Commerce for IP at the USPTO Headquarters on 16th of June. Dr. Shapiro's invention harnesses a novel “float” method to mass-produce sizeable, gem-quality diamonds quickly and at relatively low temperature and pressure. His approach is faster, less expensive, and more energy efficient than existing methods which either imitate the high temperatures and pressures deep in the earth's crust or otherwise spray a substrate with high temperature carbon plasma.

Dr. Shapiro's method requires less initial capital investment and operational expenses than either mined diamonds or prior man-made stones. Economically producing gem quality diamonds domestically will reduce the US trade deficit stemming from the annual $40 billion of cut and uncut gem diamonds the United States imports. By reducing the cost of production of large diamond crystals, Dr. Shapiro's approach permits new, practical, industrial applications of these unique properties. This is the 15th patent for Dr. Shapiro, who was recently nominated for the National Medal of Technology and Innovation,

WOCKHARDT, BIOCON UNDER NPPA SCANNER
The drug price regulator National Pharmaceutical Pricing Authority (NPPA) has initiated an investigation against Wockhardt’s Glaritus and Biocon’s Basalog, two insulin analogue brands, for selling the medicines without a price approval.

“Insulin is an essential medicine and under the price control of NPPA. Wockhardt and Biocon have introduced glargine formulation in the market with their respective brand names. But the basic formula is insulin glargine and hence, they must take a price approval from NPPA,” an NPPA official said. The pricing authority has already written to both the domestic companies asking them for explanations.

Wockhardt had launched Glaritus in February this year. The company confirmed that it has received a query from NPPA on Glaritus’ price approval. A Wockhardt spokesperson said that Glaritus (glargine) is a long-acting insulin analogue available in the market and such analogues of insulin are not covered under the definition of ‘scheduled bulk drugs’ and hence Glaritus prices were not referred to NPPA.

Biocon’s product Basalog was launched in May 2009. The company says that while NPPA’s norms seek to establish ‘reasonable prices’ for essential and life saving drugs, their product Basalog is already priced at a significant discount to other marketed products. “As per our understanding, glargine does not fall under the scope and definition of NPPA. Biocon is in the process of clarifying its position to NPPA in accordance with Drug Price Control Order, 1995,” Biocon president-marketing Rakesh Bamzai said.