IPAB revokes Allergan eye drug patent

On August 8 the Indian Intellectual Property Appellate Board (IPAB) revoked another patent owned by a Western pharmaceutical company – this time related to Allergan’s eye drug Combigan.

The IPAB found that Allergan’s patent, which covers a mixture of brimonidine and timolol for topical ophthalmic use, was invalid for obviousness.

Combigan is an eye drop solution that treats pressure in the eyes of glaucoma patients. It is formulated with a mixture of active ingredients brimonidine and timolol.

Domestic drug maker Ajanta Pharma claimed that Allergan’s patent, which covers the combination of brimonidine and timolol, was obtained “on a false suggestion or representation,” as there is no data to show that the combination of brimonidine and timolol has enhanced efficacy.

It also said that Allergan’s failure to disclose information about the status of foreign patent applications at the time of the filing at the Indian Patent Office was in breach of the Patent Act.

The IPAB agreed and ordered revocation of the patent.

Mohan Dewan, a partner at RK Dewan & Co in Mumbai, said that the recent increase in Western patent revocations at IPAB is due to a spate of applications filed by these companies after an amendment to the Indian Patent Act in 2005.

He explained that after the Indian Patent Act was amended, Western companies started applying for the newly available pharmaceutical patents – where only process patents were allowed before – though did so in a way that does not conform to Indian Patent Law.

“The strategy of filing these applications had been incorrectly angled,” he said, adding that many companies incorrectly applied US or European patent law when applying for Indian patents.

“The mindset [of these companies] is a problem,” he said. “You have to tailor your specification.”

Allergan did not respond to a request for comment.