X Pharmaceuticals Ltd., a renowned pharmaceutical company engaged in producing new pharmaceutical drugs have developed a new drug applying the process of making, combing drugs of a chemical materials and a micro-organism
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
X Pharmaceuticals Ltd., a renowned pharmaceutical company engaged in producing new pharmaceutical drugs have developed a new drug applying the process of making, combing drugs of a chemical materials and a micro-organism. X Pharmaceuticals Ltd. had patented this new innovative process to the Appropriate authority and got its patent registered. Whereas Y Instra Lab Pvt. Ltd. engaged in producing pharma drugs developed a drug of a combination of drug of penicillin and lactobacilli following the same process as X Pharmaceuticals Ltd. used in producing its drugs and already entered the market with their combination of drug product for quite a few months. X Pharmaceuticals Ltd., claimed that they have developed the process of manufacturing their drugs after years of research and development as also claimed that they have evolved a new process in producing the same drug with a new process hitherto unknown to the Pharmaceutical word. X Pharmaceuticals Ltd. filed a suit against Y Instra Lab Pvt. Ltd for seeking expert ad interim injunction restraining Y Instra Lab Pvt. Ltd. from using the said process for its products and marketing them. In light of the above, answer the following questions : Identify from the above case study as to whether the process adopted by X Pharmaceuticals Ltd., have been patented or 'combination of drug' have been patented?
Answer & Explanation:
From the given case study, it is clear that whilst X Pharmaceuticals Ltd. are engaged in production of new pharmaceutical drugs by applying the process of making, combining drugs of a chemical materials and a micro-organism, they have only obtained the patent registration for the process and not for the product of such process. Therefore, in the instant case it is found that X Pharmaceutical Ltd. has patented the process only not the combination-drug itself.
Topics: Intellectual Property Laws
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