IPAB sets aside order on anti-viral

Remands the rejected patent for fresh consideration

IPAB sets aside order on anti-viral
"In view of the same we have no hesitation to hold that the impugned order was passed in flagrant violations of principles of natural justice."

"For the foregoing reasons we are constrained to set aside the impugned order and remand the matter to the Assistant

Controller of Patents and Designs in Chennai, for reconsideration of the matter afresh by affording opportunity to all the parties by sending the expert evidences on the Board's examination and furnishing the recommendations of the board to all the parties," said Justice K N Basha.

The Assistant Controller of Patents and Designs, Chennai shall reconsider the matter afresh and dispose off the matter within a period of five months from the date of receipt of the order and records from the IPAB bench.

He further added that it is pertinant to note that all the parties in this matter have agreed for hearing the matter from the post-grant stage and the time of disposal of the Special Leave Petiton by the apex court as per order dated March 2, 2009 in SLP Civil Number 3522 of 2009. "Therefore it is made clear that there shall be an order of status quo as on date," he ordered.

The Patent Office has set aside the patent, which was granted to Roche in June 29, 2007, stating that the drug lacked inventive step. The NGOs, however, alleged that the Patent Office did not consider their pre-grant opposition on the patent and later joined the post grant opposition as an arrangement was made in the Supreme Court regarding the opposition.

It may be noted that the IPAB has remanded a dispute of US-based Schering Corporation on a crystalline form of a compound for treatment of heart related disease and a matter  related to patent application of US-based Abraxis BioScience LLC for its anti cancer drug Abraxane in a pre-grant opposition by Hyderabad-based Natco Pharma Ltd, back to the patent office setting aside the earlier order and directing the Assistant Controller to consider the matter afresh.