Case Laws
Decision of pre-grant opposition filed against Patent Application No 9668/DELNP/2007
(24-Jan-2017,Indian Patent Office)
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA vs 1) Fresenius Kabi Oncology Limited 2) BDR Pharmaceutical International Pvt. Ltd. 3) Umesh Shah 4) Sheela Pawar 5) Indian Pharmaceuticals Alliance (IPA) More...
SHOGUN ORGANICS LIMITED, MUMBAI VS.ENDURA SPA, ITALY AND MANAKSIA LIMITED, KOLKATA
(Dr.Ajay S.Thakur Assistant Controller of Patents and Designs,16-Feb-2016)
The patentee filed an appeal before Hon’ble IPAB. The Hon’ble IPAB allowed the appeal, setting aside the order passed by the learned Deputy Controller More...
M/S BDR Pharmaceuticals International Pvt. Ltd Vs. M/S Bristol Myers Squibb Company
(Chaitanya Prasad, Controller of Patents,4-May-2013,The Controller of Patents, Patent Office, Mumbai.)
The Controller general issued a notice stating that a prima facie case had not been made out for making an order u/s 84 of the Patents Act,1970 More...
Cipla Vs. Novartis
(25-Jan-2006)
Mr. V.Rengasamy Asst. Controller of Patents & Designs,25-Jan 2006.
Decision of Pre-grant opposition by Way of Representation in the matter of 1062/MAS/1998 (Gleevec) by the Chennai Patent Office was held in the favour of the Opponents Cipla Ltd (Representative for The Opponents - Dr. Gopakumar G. Nair). More...
Cipla Limited v Novartis AG
(Dr. S. P. Subramaniyan, Assistant Controller of Patents & Designs,17-Jun-2011,The Office of the Controller General of Patents Designs & Trade Marks India)
Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in the favour of the Opponents Cipla Cipla Ltd (Representative for The Opponents - Dr. Gopakumar G. Nair.
The grant of a patent against the impugned Indian Patent Application no. 593/CHENP/2005 was rejected on the ground of section 25(1)(e) and 25(1)(f) of the Patents Act, 1970. More...
Cipla Ltd & Natco Pharma Ltd v Bayer Schering Pharma Ag
(Dr. S. P. Subramaniyan, Assistant Controller of Patents & Designs,2-Dec-2010,The Office of the Controller General of Patents Designs & Trade Marks India)
Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in the favour of the Opponents Cipla Cipla Ltd (Representative for The Opponents - Dr. Gopakumar G. Nair.
The grant of a patent against the impugned Indian Patent Application no. IN/PCT/2002/410/CHE was rejected on the ground of section 25(1)(a) to 25(1)(g) of the Patents Act, 1970. More...
Chennai High Court Judgement on Novartis's Gleevec-related (section 3d) Constitutional challenge
This Judgment brings India at par with the International Patent Jurisprudence. The Chennai High Court held that TRIPs compliance is for the Dispute Settlement Body (DSB) in TRIPs council. TRIPs compliance if contested, has to be addressed to the DSB of TRIPs council in WTO. The constitution bench further held that Sec 3(d) as amended, does not suffer from vice of vagueness, ambiguity and arbitrariness. The bench consisting of Hon'ble Mr. Justice R.Balasubramanian and Hon'ble Mrs. Justice Prabha Sridevan, further held that the amended Sec 3(d) is not in violation of Article 14 of constitution of India . The Judgment needs to be appreciated as world-class judgment, especially since these are early days of Patent-related Jurisprudence in India More...
Salini Ben et al v Novartis
(V. Rengasamy, Deputy Controller of Patents & Designs,30-Mar-2009,Indian Patent Office)
Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in favour of The Opponents, Mrs. Salini Ben, Sun Pharmaceuticle, Time Cap Pharma and Okasa Pvt Ltd.
The impugned Indian Patent Application No. 799/CHE/2004 titled The alpha crystal form of the monomethane sulfonate salt of 4-(4-methylpiperazin-1-ylmethyl)-n-[4-methyl-3-(4-pyridin-3-yl)pyrimidin-2-ylamino)phenyl]-benzamide filed by Novartis AG claimed for Alpha crystalline form of Imatinib Mesylate. More...
Cipla Limited v Gilead Sciences
(25-Mar-2009,Indian Patent Office)
Decision of Pre-grant opposition by Way of Representation by the Delhi Patent Office was held in favour of The Opponents, Cipla Ltd (Representative for The Opponents - Dr. Gopakumar G. Nair)
The grant of a patent against the impugned Indian Patent Application no. 3383/DELNP/2005 was rejected on the ground of lack of inventive step section 25(e) read with section 2(1)(ja) and not patentable invention under section 25(f) read with section 3(d)&3(e). More...
Meditab Specialities Pvt Ltd v Gilead Science Inc
(Dr. K.S. Kardam, Deputy Controller of Patents & Designs,23-Mar-2009,Indian Patent Office)
Decision of Pre-grant opposition by Way of Representation by the Delhi Patent Office was held in favour of The Opponents, Meditab Specialities Pvt Ltd.
The impugned Indian Patent Application No.396/Del/1996 titled Carbocyclic Compounds filed by Gilead Sciences Ltd claimed Oseltamivir. More...
