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ARTICLE · 13 OCTOBER 2014

Abraxene’s Consecutive Rebuttal By Indian Patent Office

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Abraxene is an injectible formulation of protein bound particles (paclitaxel) primarily used in the treatment of breast cancer, lung cancer and pancreatic cancer.

IndiaIntellectual Property
Saipriya Balasubramanian
Saipriya Balasubramanian
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Indian Patent office, for the consecutive time rejects the grant of patent for an anti-cancer drug named 'Abraxene' developed by Abraxis Bioscience Inc which is a US-based biotechnology firm. IPO rejected the patent application for the second time, following an order passed by the Intellectual Property Appellate Board (IPAB) on the 20th of January, 2014 for fresh consideration of claims.

FACTS AND BACKGROUND

Abraxene is an injectible formulation of protein bound particles (paclitaxel) primarily used in the treatment of breast cancer, lung cancer and pancreatic cancer. On 29th June 2009 a patent Application titled 'Composition and method for delivery of pharmacological agents' bearing application No: 2899/DELNP/2005 was filed in India by Abraxis Biosciences claiming priority from a US patent application filed on the 9th of December, 20021 . NATCO filed a pre-grant opposition on several grounds including lack of novelty, after the said application was published in

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