Patent Office refuses application for Genentech's cancer drug

While Glenmark and others filed pre-grant opposition, all parties told patent office they do not want to pursue the case

The patent office has refused a particular patent application of Genentech Inc, a biotechnology corporation, for a treatment with Anti-VEGF Antibodies, a drug which it sells as Avastin, which is used in treating various types of cancer.

While Glenmark Pharmaceutical and GM Pharma Ltd had earlier filed a pre-grant opposition against the application, all the parties informed the patent office that they are not interested in further pursuing the case.

Genentech filed the patent application for "Treatement with Anti-VEGF Antibodies," with the Patent Office Delhi on November 25, 2011. A pre-grant opposition was filed by three opponents -- GM Pharma Ltd, Glenmark Pharmaceuticals and Arvind Rajamani and the notice of opposition was issued to Genentech between 2009 and 2013. The company filed reply statement to these representations.

The objections raised against the claimed invention include that the claims fall within the scope of Section 3(i), which states that any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products, is not an invention.

Other objections included that the claims fall within the scope of Section 3(d), which states that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance is not an invention and claims lack novelty and inventive steps under the Act.

However, while the hearing was fixed in August, 2015, the Opponent's agent representing the three opponents has informed that they are not interested in attending the hearing, while Genentech's agent also said later that it is not interested in further pursuing the case.

The Patent Office disposed off the pre-grant oppositions and refused the patent under Section 15 of the Act, which gives the Controller the power to refuse or require amended application etc, in certain cases.