Stem cells patent ban opposed by European Scientists

Opposing the recent ban on stem cells, European scientists raise an uproar against the decision of European Court of Justice to disallow the use of embryonic stem cell based therapies in the European region. This came as a blow to the scientists and the Pharmaceutical sector  which was diligently working on the Stem Cell based research for the treatment of various disorders. Scientists believe that such a ban can put Europe at disadvantage in the global society. If there will be no patents granted in this area then it is nearly impossible to obtain approval from the drug industries to invest in the stem cells based research. As the theory of “Commercialization and Development” says: There will be no major breakthrough inventions if there is no commercialization of such inventions. 

This decision can bring a severe blow to the drug firms like AstraZeneca, Roche, Avantea, Advanced Cell Technology and Geron Corp., who have been involved in the Embryonic Stem Cell research based technologies. Although European Court of Justice decision to deny Stem Cell based patents is relying on the moral and ethical grounds but scientists have a firm opinion that this decision can lead to obstruction in the path of new medical developments. Well so far this story has unfolded, but what will be the future of stem cell based research in Europe, will be something to watch for.

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Dr Reddy’s generic arthritis drug faces patent infringement

Pozen Inc. and its drug partner AstraZeneca have recently filed a patent infringement lawsuit at the New Jersey federal court for its drug Vimovo against Dr Reddy’s Laboratories. Vimovo is a NSAID (non-steroidal anti-inflammatory drug) used to treat various forms of arthritis and aids in decreasing the risk to develop gastric ulcers. Vimovo has been co- developed by both Pozen and AstraZeneca and covers in total seven patents. The litigation suit has been filed pertaining to the US patent no. 6,926,907.

Meanwhile Dr Reddy’s already notified both the drug manufacturers in the month of march this year, about its submission of an application regarding the generic version of Vimovo to FDA. It is noteworthy that FDA will give a final verdict on the marketing of Dr. Reddy’s generic drug after a final court decision is made in this regard and consequently Dr Reddy’s drug approval has been withheld for about 30 months. It is evident that one has to wait for the court’s final verdict in order to analyze the future outcomes in this case.

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DIPP Results expected date

The results for DIPP (Department of Industrial Policy and Promotion) competitive examination  conducted on 2nd January 2011, for the recruitment of Indian Examiners for Patent and Design are expected to be released on 31st May 2011. Relevant circular can be found here.

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WIPO reached the 2 millionth mark with PCT

Well it's a happy time for WIPO. They have successfully managed to reach the 2 millionth mark in the total number of filed PCT( Patent Cooperation Treaty) applications. US based company Qualcomm (specialized in wireless networks and mobile technology) became the "2 millionth" applicant to file the PCT application. It is noteworthy that PCT application provides patent legal protection to about 142 contracting states( Thailand being the recent member, in 2009). While WIPO says,  earlier the maximum number of applications came from the regions of US and Europe, but in the past few years, East Asia is emerging as the territory filing maximum number of patent applications. China, Korea and Japan are the leading contributors to the PCT application system.WIPO says, it almost took 26 years for PCT to reach its1 millionth mark, since its foundation in the year 1978.

Take for instance, Qualcomm started by filing 37 PCT applications in 1995  and it grew to about 1,677  PCT applications in the year 2010.Certainly such a vibrant data suggests the globally alert technology and innovation sector.I can conclude by saying that such a rise in the level of global alertness about intellectual property and its rights certainly show a vibrant future for the innovators.

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Drug Firms break patent norms

In a recent dispute, major pharmaceutical  firms including F. Hoffmann-La Roche, Bayer Corp., Schering Corp.,Pfizer Inc., Bristol Myers Squibb Co., are held guilty of breaching the Indian patent laws. These companies reportedly failed to disclose relevant information regarding the working of the patents within the Indian territories .The RTI disclosure about the working status of these patented drugs and relevant working information on these life saving drugs was reportedly asked by the patent blog Spicy IP under one of their posts. The drugs in question are as follows: Pagasys, Tarceva (Roche's), Sutent (Pfizer), Nexavar (Bayer), Entecavir and Dasatinib (Bristol Myers), ViraferonPeg (Schering). The mentioned drug firms reportedly failed to furnish relevant details until 2009. It is noteworthy as per the Indian patent act, 1970, under section 146, there is a requirement to furnish all details about the working status of the patent ( failing which a penalty of Rs.10 lakh per patent is levied). As per the patent law:

Power of Controller to call for information from patentees: 

1) The controller may, at any time during the continuance of the patent,by notice in writing, require a patentee or a licensee, exclusive or otherwise to furnish to him within two months from the date of such notice or within such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice.

2)  Without prejudice to the provisions of subsection (1) every patentee and every licensee shall furnish in such manner and form and at such intervals (not less than 6 months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India.

3)  The controller may be publish the information received by him under sub- section(1) or sub-section(2) in such manner as may be prescribed.

 The working status of the drug patents and updates are required by the patent office to tap undue monopolies by the pharmaceutical firms.The patent office also look into the necessity of providing compulsory licenses (Under section 84 , Indian patent law) in the event of emergency or when the invention is unavailable at an affordable price to the public within the Indian territory.Amidst all this,  in future, the third parties have  probable open options for applying towards the compulsory patents.Well, at last it will  be interesting to observe the future outcomes regarding this matter.

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Dashwire joins the licensee list of Intellectual Ventures

Dashwire Inc., a mobile and web applications provider, has recently collaborated with Intellectual Ventures and gained a licensing deal with them. Dashwire stated that they acquired relevant patents and licenses from Intellectual Ventures, for defensive purposes. Not to forget, the last year litigation spree where Intellectual Ventures  sued nearly nine companies for patent infringements. Meanwhile, Dashwire has clear agenda, they will prefer to be competing in the business market rather than fighting litigation. 

By signing this licensing deal, Dashwire expects to be benefited by the valuable IP strategies and vast industry experience of the Intellectual Ventures. With a portfolio of about 30,000 IP assets and Industry expertise, Intellectual Ventures looks forward to aid Dashwire Inc. in their business endeavour and to render them with expert IP guidance. This deal will certainly aid Dashwire Inc. to gain an access to the invention rights to survive in the ever growing competitive business market.

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International Seed Day Celebrations

Amidst the heated debate and arguments on the genetically modified food crops, here comes a new piece of news. The food activists from all across the globe are celebrating "International Seed Day" on April 26 this year. The cause is initiated by the Institute of Near Eastern and African Studies (INEAS), for recommending Patent Free Seeds and benefits of Organic food and farming to the people. In the recent past we have witnessed health hazards with Genetically Modified Food Crops.This initiative is launched with the view to overcome the monopoly and supremacy of certain agribusiness based companies which posed restrictions to the farmers to save and breed seeds. Also this campaign is initiated to generate relevant awareness about certain bills and governmental policies which can potentially restrict farmers seed breeding practices.People can pledge their support by e-mailing their names or their organization names to info@INEAS.org  and  INEAS@aol.com or visit the website here.

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New program ensures faster licensing of technologies

US department of energy launched an interesting program for entrepreneurs to license their technologies and file patent applications in an easier, faster and much economical way without burning a hole in your pocket. This initiative was taken under the Start up America campaign  to increase the number of start up ventures across the country, allowing job growth. Under this initiative,budding entrepreneurs can license their technologies and obtain patents for the same. In the past, it has been extremely difficult for the small entrepreneurs to gain license for their inventions and technologies and thus many potential technologies couldn't be able to hit the markets. With this new initiative, entrepreneurs and start up companies can license their technologies from may to mid december, which are developed in any of the seventeen US national laboratories, with less onerous paper work and with a nominal fee of $1000 for nearly three patents compared to a much larger fee of approximately $15000 per patent. Surely, it is a great step and will provide more innovations to reach the global markets.

(Image by Mike Johnson)