Torrent gets order against patent application

The Indian Patent Office has refused patent application of Japanese drug manufacturer Otsuka Pharmaceuticals for certain forms of its anti-psychotic drug aripiprazole, a medicine it sells under the brand Abilify.

The generic manufacturer has been at loggerheads with Otsuka over the patent of Abilify in other countries earlier.

The patent application was filed by Otsuka Pharma in December 2002. Torrent Pharma filed its pre-grant opposition alleging the invention claimed are already published.

It stressed on the clause in the Patents Act, which restricts incremental innovations from claiming for patents, under Section 3(d) of the act.

Otsuka claimed, in the specification, it is clearly mentioned that each of the aripiprazole forms of the present invention has reduced hygroscopicity, better solubility, more bioavailability and improved shelf life.

Thus, such properties of the product of the present invention renders the compounds superior to the compounds which are already known.

The Patent Office said that considering the pregrant opposition, statement from both the parties and arguments, it is refusing to grant the patent.

The order is the latest among the several battles both the companies took on related to the drug aripiprazole and its various forms, especially in the regulated market of the United States.