Our team at Chadha & Chadha IP offer a strong transactional background and regulatory and industrial knowledge in the fields of pharmaceutical patents and offer our expertise in this field in the areas of:

 

•        Biochemistry

•        Biotechnology

•        Drug Delivery Systems

•        Formulation

•        Genetic Engineering & Genomics

•        Medicinal Chemistry

•        Organic Chemistry & Synthetic Pathways

•        Toxicology

•        Vaccines

 

We are proud to offer our clients in the pharmaceutical and biotechnology industries, a complete range of IP services, including patent prosecution and portfolio management, post-grant proceedings, interferences, patent validity opinions, due diligence, licensing and other IP transactions.

 

Relevant Indian law provisions

 

Under the Patents Act, 1970, a patent is granted only to an “invention” as described under Section 2(1)(j) which must fulfill the conditions of Novelty, Inventiveness and Industrial Applicability. 

 

Section 3 of the Act carves out certain exceptions under which no patent can be granted for pharmaceuticals products. According to this Section, no patent can be granted to a mere discovery of a new form of known substance which does not result in the enhancement of known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in new product or employs at least one new rectant (S. 3(d)), substance obtained by mere admixture resulting only in aggregation of the properties of components thereof or a process for producing such substance (S. 3(e)) and an invention, which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components (S. 3(p)).

 

Current Indian Scenario

 

The Indian Pharmaceutical industry (IPI) is considered to be one of the most dynamic and vibrant industries for its prominence among the developing world in being the largest producers and exporters of the generic drugs across the globe. It is world's third largest in terms of volume and stands 14th in terms of value. The market is dominated majorly by branded generics which constitute nearly 70 to 80 per cent of the market. India has achieved an eminent global position in pharma sector. The country also has a huge pool of scientists and engineers who have the potential to take the industry to a very high level. Indian vaccines are exported to 150 countries. India produces 40-70 per cent of the WHO demand for DPT & BCG and 90 per cent of measles vaccine. Approximately 70 per cent of the patients in developing countries receive Indian medicines through NGOs like The Clinton Foundation, Bill & Melinda Gates Foundation, Doctors Without Borders, the UNCTAD etc.

 

Pharma Industry in India:-

 

•        World’s third largest in terms of volume

•        Market dominated by branded generics, constituting 70-80% of the market

•        Indian generic drugs amount to 20% of global exports in terms of volume

•        Cost of production is significantly lower than that of the USA and almost half that of Europe

•        10,500 manufacturing units and over 3000 pharma companies

•        A skilled workforce as well as high managerial and technical competence

•        Generic market expected to grow to US$ 26.1 Billion by 2016 from US$ 11.3 Billion in 2011

•        Some of the leading Pharmaceutical Companies operating in India are:-

  •        Lupin Ltd.

  •        Dr. Reddy’s Laboratories

  •        Cipla

  •        Aurobindo Pharma

  •        Cadila Healthcare

  •        Glenmark Pharmaceuticals

  •        GlaxoSmithKline Pharmaceuticals Ltd.

  •        Divis Laboratories

  •        Torrent Pharmaceuticals

  •        Pfizer

  •        Johnson & Johnson

  •        Amgen

  •        Novartis

  •        Roche

  •        Merck

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