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Venus Remedies wins battle against French firm to revoke patent for paracetamol

VRL had filed the post-grant opposition against SCR Pharmatop’s intravenous paracetamol patent back in 2011 before Indian Patent Office on several grounds such as lack of novelty and inventive steps, among others. (Reuters)Premium
VRL had filed the post-grant opposition against SCR Pharmatop’s intravenous paracetamol patent back in 2011 before Indian Patent Office on several grounds such as lack of novelty and inventive steps, among others. (Reuters)

  • Venus’s opposition was intended to remove any Indian Patent hurdle in the manufacturing of intravenous paracetamol solution in India.
  • The drugmaker won a 10-year long legal battle that challenged patent claimed by SCR Pharmatop for producing intravenous paracetamol solution in India.

Venus Remedies Ltd, a research and development-driven pharmaceutical manufacturing company Thursday won a 10-year long legal battle that challenged patent claimed by French pharmaceutical firm SCR Pharmatop for producing the intravenous paracetamol solution in India.

In a decision dated 4 June 2021, the Indian Patent Office decided in favour of Venus Remedies and upheld its decision for revocation of the Indian patent on the grounds that the process lacked any inventive step that made it superior to other existing solutions.

Venus’s opposition was intended to remove any Indian Patent hurdle in the manufacturing of intravenous paracetamol solution in India. As the drug plays a critical role in managing inflammation and fever, hence the revocation of this patent is an encouraging development for the healthcare sector in the country reeling under the current pandemic, the company said in a statement.

“We are committed to finding and developing the best solutions for global health challenges, the biggest part of which is bridging the gap between people and robust healthcare facilities. Our endeavour was to make sure that critical drugs such as intravenous paracetamol are available in our country to be manufactured generically and accessible at economical prices for the general public, particularly during these difficult times," Saransh Chaudhary, president, Global Critical Care, Venus Remedies Ltd said in a statement.

VRL had filed the post-grant opposition against SCR Pharmatop’s intravenous paracetamol patent back in 2011 before Indian Patent Office on several grounds such as lack of novelty and inventive steps, among others. During the course of the case, Patent Office first revoked the patent in 2018 observing that the claims made by SCR Pharmatop are obvious to an ordinary person skilled in the art. However, the company moved its plea to the Delhi high court and Intellectual Property Appellate Board (IPAB).

IPAB directed the Patent Office to again hear the matter and after observing the matter and written submissions from both the parties closely, the Indian Patent Office gave its final decision on 4 June 2021, maintaining the revocation order of Patent no.238164, dated 24 December 2018.

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