Court Of Appeal for Federal Circuit (CAFC) declined business model patents

In a significant decision today, CAFC in hearing en banc decision thwarted attempt to patent business model patents, a request by applicant Bilski et al. In the hearing en banc decision 3 judges (Judge Newman, Radar, Mayer) opposed the decison.

The court upheld Board of Patent Appeals (BPAI) decision that Bilski et al’s claimed invention (a method of hedging risks in commodities trading) does not satisfy the patentable subject matter requirementsas per 35 U.S.C. § 101.

Court also concluded that a claimed process is patentable under § 101 if:

(A) it is tied to a particular machine or apparatus, or

(B) it transforms a particular article into a different state or thing.

(As per earlier ruling of supreme court)

Court concluded that claimed invention In Re Bilski fails in above tests, hence, not patantable

Opinion of court

Impact on Indian industry

Although, the above decision was hailed by many software companies in US but in India, which is a major outsourcing hub for IT related work, the companies are not happy with the court's decision. Economic times has reviewed the impact of this decision on Indian IT industry Here

Dorzolamide Hydrochloride-Timolol Maleate (COSOPT and TRUSOPT): Prasco ready to launch generic form, Hi-Tech Pharma lose 180 days exclusivity

Prasco has begun shipping generic forms of Dorzolamide Hydrochloride-Timolol Maleate and Dorzolamide Hydrochloride Ophthalmic Solutions, comparable to Merck’s COSOPT® and TRUSOPT®.
Trusopt (Dorzolamide hydrochloride ophthalmic solution) is a carbonic anhydrase inhibitor formulated for topical ophthalmic use. Trusopt is used to lower increased intraocular pressure in open-angle glaucoma and ocular hypertension.
Cosopt (Dorzolamide hydrochloride & Timolol maleate) is a drug for lowering pressure in the eye to normal levels, and a treatment for glaucoma.
(Source: Prasco press release)
Also, Hitech and apotex has got final approval to market on October 28, 2008.
Cosopt 180 days exclusivity
The USFDA has denied Hitech pharma 180 days exclusivity for Cosopt (Dorzolamide hydrochloride & Timolol maleate) FDA law blog has reviewed the Hitech’s forfeiture of 180 days exclusivity due to failure to market in details Here
Earlier news of IPPharmadoc on this litigation here