IPAB orders in favour of a patent of Kibow Biotech

The Patent granted to Kibow Biotech Inc is for the invention "Compositions for Augmenting Kidney Function"

The Intellectual Property Appellate Board (IPAB) has dismissed an application filed by La Renon Health Care Pvt Ltd against a patent granted to US-based Kibow Biotech Inc, for a probiotic dietary supplement sold as Renadyl.

It may be noted that the IPAB, in another order, has revoked another patent of Kibow Biotech Inc titled “Prebiotic and Probiotic Compositions and Methods for their Use in Gut-Based Therapies”, finding that the invention claimed is obvious.

Kibow Biotech, in a press release, said that the patent rejected by IPAB was a process patent (No 205478), while the order which is in favour of Kibow dismissing the revocation application of La Renon Health Care, was for a product patent (No 224100). The company said that a product patent is more valuable compared to a process patent, as it permits the patentee to prevent third parties from making a copy of the product, irrespective of the process that they use to arrive at the product.

The Patent No 224100 granted to Kibow Biotech Inc is for the invention “Compositions for Augmenting Kidney Function”. Rejecting various grounds including of obviousness, false suggestion and representation and the ground that the claimed composition is a mere admixture, related to this patent, IPAB Vice Chairman S Usha and Technical Member (Patents) DPS Parmar, ordered, "In view of the above analysis and findings the ORA/29/2011/PT/MUM is dismissed with costs of Rs 20,000."

The counsel for Kibow Biotech filed a miscellaneous petition to dismiss the revocation application and said that the application was not filed in prescribed format under the relevant rules along with other contentions. However, the Board closed the miscellaneous petition. Another miscellaneous petition filed by La Renon Health Care related to acceptance of additional document was allowed.