Both the companies have decided not to issue any comment. "We are not issuing any comments on the issue," a Wockhardt spokesperson said from Mumbai when asked about the company's position regarding the pre-grant opposition application filed against its antibiotic nadifloxacin by two drug companies, Cipla and Hetero Drugs.
They had argued that Wockhardt cannot claim product patent for nadifloxacin as the molecule was originally invented by the Japanese company, Otsuka Pharma. On the other hand, Novartis India spokesperson said the company has not yet received the opposition brief filed by Natco against the beta imatinib meyselate (Glivec) and was not in a position to comment on the issue.
"Under the new Indian patent law, after an application for a patent has been published, interested parties may file an opposition at the patent office against the grant of a patent.
Natco opposes Novartis patent claim
Natco appear to have made use of this opportunity, provided under the Indian law, to challenge the Novartis patent application relating to Glivec. The opposition brief has not yet been received by Novartis," the spokesperson said.
"In accordance with the applicable rules provided by the new Indian patent law, Novartis has an opportunity to respond to the controller against the arguments," the spokesperson said when asked if it would respond to the pre-grants opposition.
Natco had, earlier in the week filed a pre-grant opposition application arguing "the polymorph claimed is the same as that of the 1993 molecule".