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ARTICLE · 15 APRIL 2020

Co-pack causes patent term extension problems for patentee

Recent case confirms that a pharmaceutical substance must be a single entity & cannot be in the form of separated components.

AustraliaIntellectual Property

Pharma Mar S.A. applied for a patent term extension (PTE) for their Australian patent 754073 on the basis of the listing on the Australian Register of Therapeutic Goods (ARTG) of the product APLIDIN. APLIDIN is indicated for the treatment of relapsed and refractory multiple myeloma. The product is a co-pack of a vial of the active ingredient plitidepsin in powder form, and an ampoule containing PEG-35 castor oil and ethanol. In use, the reconstitution solvents from the ampoule are added to the plitidepsin powder, and the resulting mixture diluted with saline or glucose solution. Plitidepsin is difficult to formulate, and the invention of AU 754073 lies in the particular combination of reconstitution solvents, which allow the preparation of a stable aqueous solution. However, the reconstituted solution is not sufficiently stable to be sold in that form, and this was a decisive factor in the application for PTE being refused.

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