GenericsWeb's Pipeline Scope Helps Avoid Costly Patent Litigation

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GenericsWeb's latest product, Pipeline Scope, contains the comprehensive, accurate and regularly updated patent information needed to ensure that the planned launch of a generic pharmaceutical product is not delayed. An example of how incomplete and inaccurate information can lead to costly litigation and a delayed product launch follows below.

GenericsWeb's latest product, Pipeline Scope, contains the comprehensive, accurate and regularly updated patent information needed to ensure that the planned launch of a generic pharmaceutical product is not delayed. An example of how incomplete and inaccurate information can lead to costly litigation and a delayed product launch follows below.

In Interpharma Pty Ltd v Commissioner of Patents (2008) FCA 1283, the applicant was unsuccessful in seeking, among other things, an order setting aside the Commissioner's decision to extend the term of the AU565856 patent. The patent in question describes and discloses a class of compounds having an anti-viral therapeutic effect and is the basis for the registration of the commercial product Gemzar (Gemcitabine hydrochloride). In one key aspect of the case the applicant was unaware of the existence of this Australian patent until August 2007 - more than 7 years after the grant of an extension of term. The applicant had relied on information provided by a third part supplier of its generic drug product based in Austria to determine the possible launch date of the product. This failure to obtain comprehensive and accurate patent information in a timely manner, before making the commercial decision to register and market a generic product, led directly to the Court's dismissal of the proceedings.

Reliance on basic or unproven sources of patent information can have major and far reaching consequences for generic companies. These include the loss of significant revenue from potential sales; paying financial compensation to a branded drug proprietor, if deciding to launch a generic equivalent at risk; and high litigation costs. Investment in Pipeline Scope provides reliable patent information which can be of great benefit to those seeking to manufacture non-infringing generics.

When the active ingredient patent is merely the 'tip of the iceberg', in terms of patent protection of a pharmaceutical product, reliance on basic or unproven sources of patent information is extremely risky. Even if costs are fully recoverable, patent litigation detracts from the core business of generic companies which is registering and marketing generic products.

Pipeline Scope is GenericsWeb's latest product in the Pipeline Patent Intelligence suite and provides fast access to reliable key patent, SPC and data protection expiry information, for over 1400 drugs, covering 37 countries. It's an intuitive and user-friendly system, organised in patent families, so you can find the information you need quickly and easily so you avoid the fate of Interpharma.

About GenericsWeb

Established in 1999, GenericsWeb has customers in over 30 countries including legal practices, government departments, consultants and generic manufacturers. GenericsWeb's Pipeline Patent Intelligence provides the most comprehensive, relevant and accurate patent information available which stem from GenericsWeb's 100% dedication to the industry, extensive experience and investment in customer research.

For further information about GenericsWeb's Pipeline Patent Intelligence please call a GenericsWeb staff member in your nearest regional office:
AU: +61 (0)2 9262 7696 | UK: +44 (0)870 879 0081 | US: +1 888 3100774
Alternatively, please visit http://www.genericsweb.com or email us at info @ genericsweb.com

The website http://www.genericsweb.com also hosts a web portal dedicated to serving the generic pharmaceutical industry. Resources found at GenericsWeb include regularly updated news and articles, careers, business intelligence, industry links and product development services. Receive our free monthly newsletter 'INNsight' by registering online.

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Priyanka Sharma
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