IPAB revokes two patents of Allergan's ophthalmic drugs

The Intellectual Property Appellate Board (IPAB) has revoked two patents related to two ophthalmic drugs of US-based Allergan Inc, finding that the claimed inventions were obvious. The orders were issued on two petitions filed by Mumbai-based Ajantha Pharma Ltd.

The IPAB, through two different orders, revoked a patent of Ganfort, for treatment of a condition where the pressure inside the eye is higher than normal (ocular hypertension) and a patent of Combigan, used for the treatment of glaucoma.

The order issued by IPAB chairman Justice Prabha Sridevan and Technical Member (Patents) D P S Parmar, on revocation of patent of Ganfort, said that the claimed invention is held to be obvious and violation of section 8, related to mandatory filing of information related to foriegn filings. "The revocation application is allowed and the grant of Patent No.212695 is set aside," said the order.

The board said that Allergan did not furnished information relating to some foreign patents, including US Patent and European Patent and office action relating to the US and European Patent application before the Indian Patent Office as per the requirement of Section 8 and Section 8(1) of the Patent Act.

"We are not looking at this moment why it was not given.

But the fact remained that there was non compliance of Section 8. The act says failure to disclose the information required by S.8 is a ground for revocation," said the board. It added, "In the present case the gound of the violation of section 8 has been clearly made out and we have no hesitation say applicant succeed on this ground of revocation."

In another order, the Board revoked a patent of Combigan, again siting obviousness of the claimed invention and violation of Section 8, stating, "Above all, it is clear that the respondent with-held information that ought to have been furnish under Section 8. The patent deserves to be revoked on this ground alone." However, the IPAB rejected the argument of Ajantha Pharma that the innovation falls within the purview of section 3 (d).

It may be not that recently the IPAB has revoked a patent of Glaxo Group's, breast cancer drug Tykerb, finding that it ""is obvious and is hit by Section 3(d)."

These orders comes amidst the Multi National companies alleging that the Indian Patent system in the backdrop of sevaral decisions against their patents.

However, S Majumdar, who appeard for Ajantha Pharma in the applications against Allergan's patent says that the revocations are not the norm and only three to four per cent of the patent applications are rejected out of the large number of patents issued by the Indian Patent Office.