Friday, August 20, 2010

Novartis loses DULERA patent in India

Earlier this month, the Swiss Multinational Novartis lost DULERA post-grant opposition to Mumbai-based Cipla as the Chennai Patent Office revoked Indian Patent Number 202350 on the ground of obviousness/lack of inventive step. The ‘350 patent protecting FORMOTEROL FUMARATE and MOMETASONE FUROATE inhalation aerosol combination, the active ingredients of lately approved fixed-dose combination asthma drug DULERA (marketed by Merck) was issued against the Indian Patent Application Number IN/PCT/01/1168/CHE filed on August 20, 2001. The post-grant opposition was filed on February 04, 2008 and hearing was made on July 07, 2010. During the hearing, Cipla argued that the ‘350 patent lacked inventive step as the combination of bronchodilators and steroids for the treatment of an inflammatory or obstructive airways disease are well taught in the art and obvious to a person skilled in the art. Interestingly, the similar combination (having different dose quantity than that of DULERA) was approved in India on December 30, 2009.

1 comment:

  1. could you post the details of the grounds on which the patent was denied . Also which was the combination that was approved