Legal Question in Intellectual Property in India

I wish to know more about the patent law which insists to use the molucular name rather than Company name for medicines. i heared something like this is going to be implimented in India..true?any more news regarding this?


Asked on 11/16/09, 12:23 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

so far such amendment in drugs and cosmetics act is not within my knowledge.

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Answered on 11/16/09, 1:06 am
Seshadri Srinivasan www.lawconcern.com

All over the world, patent for drugs is issued only in molecular name.

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Answered on 11/16/09, 9:19 am
Peter Mlynek Eckert Seamans Cherin & Mellott

It has to do with clarity. The whole problem with using trade names is the potential for confusion (lack of clarity), which may result in uneforceability of a patent. If a patent describes something with a trade name, does that mean the molecular species of the active ingredient, or the active ingredient, or the drug product, or the commercially available formulation including any extensions? What if the company changes the formulation?

On the other hand, using molecular formula is generally not ambiguous.

There is nothing wrong with using trade names in patents, as long as you are very, very careful that it is clear from the description what the trade name means.

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Answered on 11/18/09, 8:07 pm


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