Legal Question in Intellectual Property in India
Type your question here...biopharma has patents for class of semisynthetic penicillin.The claim also related to the method of manufacture.Ampicillin,an antibiotic was one of the semisynthetic penicillin.Essential feature claimed was the presence of an amino acid in the alpha position.If another pharma company manufactures and sells Hetacillin having a substitute that does not bring it under amino group,but its clinical effectiveness is because it reverts to ampicillin in the blood stream,can Biopharma sue for infringement?
2 Answers from Attorneys
Your question is very clear. The essential feature of the cliam was presence of amino acid in the alpha position. The product of the other Company has a substitute that does not bring it under amino group. Hence there is no question of infringement.
What is the nature of the substitute? Where the substitute belongs If it does not belong to Amino group?
The question of infringement will be based on the answers to the above two queries.
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