Category: Patent Opposition

Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, … Continue reading Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

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Revocation of Valganciclovir patent by Controller of Patents, Chennai

Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche’s patent IN207232 for Valganciclovir was delivered after hearing both the parties. The subject patent was granted on January, 2009 followed which post grant oppositions were separately filed by CIPLA, Matrix, Ranbaxy and Bakul Pharma along with two NGOs … Continue reading Revocation of Valganciclovir patent by Controller of Patents, Chennai

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Section 3(D) of Indian Patent Act Strikes Again

India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva (crystalline tiotropium bromide monohydrate) at a time when the US is putting pressure on the Indian government for not providing adequate patent protection to multinational drug companies. In its decision, the patent office held that Boehringer failed … Continue reading Section 3(D) of Indian Patent Act Strikes Again

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Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

The applicant, in this case, is M/s Air Master Equipments India (P) Ltd and Respondents are: Mr Ramesh Nana Mhatre, who is the inventor and Applicant of the granted patent application being discussed, and Controller of Patents who granted the patent post examination and prosecution. Title of the application is ‘An improved Centre Core, Intermediate … Continue reading Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

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