Kens, I retrieved the information from the IP India website. Unfortunately, links to individual pages on the site won’t work and that’s why I didn’t provide links. I’m reluctant to reproduce whole documents from the site, but I’ve provided below a snip from the original provisional patent application which clearly shows the filing date as 23/08/12.
With respect to confirming details about the patent, I don’t think POH has actually commented on the patent other than to say in the Jan 2016 announcement of commencement of arbitration that a patent for an improved daptomycin formulation had been filed by Agila.
What we know for sure is that a Master Research Agreement was signed by the two companies in 2011, this provisional patent application was filed by Strides/Agila in August 2012 and a Licensing Agreement was signed by the two companies two months later.
Suffice to say that I cannot imagine that POH’s Master Research Agreement would have permitted any resultant IP from that research agreement to have been filed by Strides with only Agila’s scientists named as inventors, no mention of POH as applicant/assignee and no references to/citations for POH IP within the patent. Nor does it make sense to me that, if Agila honestly believed it was entitled to file this patent application solely in its name, why it would then sign an exclusive global licensing agreement with POH for use of POH’s TPM technology just two months later.
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