Patent thickets: Do we need white spacing

Intellectual Property rights play a crucial role in the holistic development and protection of IP assets of your organization. For a brief moment think about the umpteen patents filed within a year under software or mobile technology domain. Definitely the count is high and likewise is the case for other booming technology wizards. The race for securing a patent starts from the very stage when an idea is conceived and goes on till you secure one. Eventually this leads to the ever-growing and overlapping, dense web of technology patent rights, also termed as Patent thickets. If your Tech organization is planning for securing patents, make sure you successfully pave your way through this dense cloud to commercialize your potent technology. 

There have been many debates across the IP community on Patent thickets contributing to technological complexities and acting as innovation barriers. The need of the hour is to Whitespace the patent landscape and spot the potential areas of interest. Whitespacing will  result in recognizing technology areas with little or lacking patent activities thereby lending you an exclusivity in the global marketplace. Patent Whitespace analysis could be a potential remedy for patent thickets and innovation black holes. Thus, organizations shall enforce resultant patent whitespace data for R&D and overall innovation. We hope this approach holds promise to pave your organization's way through patent thickets. 

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ALIMTA's Patent: A stronger foothold?

Pharmaceutical patents have always been in the limelight worldwide. While the drug manufacturers face a stiff competition from the ever-expanding generics market, acquiring timely patents on new drugs ensure firm market foothold and pose potential barriers to entry. The much talked about Eli Lilly’s lung cancer drug patent on ALIMTA set to expire in 2016 , raising questions on the overall market sales and stringent competition from the generics drug market thereafter. But thanks to ALIMTA’S “method of use patent” (popularly known as '209 patent) aimed at the method of administering antifolate to mammals. 

 Even though the basic patent on the lung cancer drug ALIMTA is about to expire in the year 2016, Eli Lilly’s latter patent ('209) which is set to expire by the end of 2021 could potentially keep ALIMTA’s generics on hold. Reason being the very fact that '209 patent covers the specific method of administering the lung cancer drug ALIMTA and its dosage procedure which apparently happens to be mentioned on the drug’s label as well. Eli’s attempt to safeguard its popular drug by "method of use" based supporting patent ‘209 could prove to be a smarter move when annual sales of ALIMTA are expected  to rise to $3.5 billion by 2016. 

On the other hand defendants and generic drug manufacturers tend to legally argue the validity of the ‘209 patent. Details can be accesses here. Recently many Pharmaceutical giants faced massive competition from the generic drug industry upon patent expiry thereby leading to slashed sales and overall revenues. Eli’s efforts to protect its basic drug patent with supporting “method of use" based patents could potentially hit the bull’s eye and possibly initiate a trend of such supporting patents. 

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Wishing our Readers

We wish our readers a very prosperous and enlightened New Year ahead. This year we plan to bring more interesting and informative blog posts on global IP, grabbing insights on IP matters across the globe. For guest blog post contributions and queries, drop an email at guestblogadd@gmail.com  Stay tuned!

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Indian Patent Office launched Comprehensive e-Filing services

Following an initiative to offer transparent, user friendly and improved patent application e-filing services, Indian Patent office launched Comprehensive e-Filing services on  15.12.2012. Some of the key features offered under this service include: Dual way login (password and digital signature based), facility to update digital signatures, simplified e-filing process, elimination of transaction errors, validation with IPO patent database, etc. The user manual can be accessed here. This is a welcoming step offered by the Indian Patent Office, thus making the patent application e-filing process more efficient and streamlined. e-Filing services of the older version will be correspondingly discontinued w.e.f. 12:00 hrs IST on 31.12.2012. Readers may check the IPO website for any further updates.

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