Update: Anti-cancer drug Abraxane refused patent by the IPO

Compulsory License

Following my earlier post on this issue, it is now reported that the Indian Patent Office (IPO) has refused patent to the anti-cancer drug, Abraxane. I am yet to obtain a copy of this IPO order.

A recap

Briefly, the opposition against the patent application for Abraxane was filed by Natco Pharma  with the IPO and was decided against the patent applicant, Abraxis Biosciences (“Abraxis”). Abraxis appealed against the IPO’s order with the Intellectual Property Appellate Board (IPAB) owing to certain procedural lapses. IPAB agreed with Abraxis and asked the IPO to consider the opposition afresh.

What’s new?

The recent order of the IPO is said to have stated the following:

“The amended claims (here Abraxis Boisciences) lack inventive step and do not constitute an invention under the Patents Act, 1970.”

I will update this post and discuss the IPO’s order in detail once I peruse the order.

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