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| BS Reporter / New Delhi January 04, 2011, 1:23 IST | ||
India has rejected an HIV drug patent application filed by US-based Abbott Laboratories, as it lacked “novelty” under domestic laws. The denial of patent will help domestic drug-makers to produce and market low-cost versions of this drug in the developing world.
The rejection of Abbott’s patent application over a combination of lopinavir and ritonavir, sold under the brand name Aluvia, ended the four-year long intellectual property battle between the company and four pre-grant opponents.
In its order on December 30, Mumbai patent office said the drug lacked novelty and did not have any innovative production steps to qualify for patent protection under domestic laws. The Indian Patent Act does not permit patenting of incremental innovations of known substances.
Hailing the verdict, civil society groups said it sets an important precedent to stop pharmaceutical companies from “gaming” the patent system.
