Navigation Links
Patents: Appellate Board Becomes Functional

After getting caught on the wrong foot in the Novartis case, the government of India is moving fast to plug all loopholes in patent law// implementation.

It has now been notified that all patent litigations filed in various courts in the country after notification of the amended Patent Act have been transferred to the Intellectual Property Appellate Board, set up at Chennai.

Several pharmaceutical companies have filed cases in High Courts and lower courts in different states challenging the decisions of the Patent Controller in granting or denying patents since 2005. According to an estimate, there are about 20 patent related cases to be decided in various courts.

Only on April 2 the government issued the notification on declaring that the provision in the Patents (Amendment) Act (Section 117G), which provides that all pending appeals in the High Courts shall be transferred to the Appellate Board set up under the Act.

The Board has a three-member team headed by S. Chandrasekaran who has been the Controller General of Patents, Design and Trademarks.

He assumed the charge of the post of Technical Member (Patents), IPAB, Chennai on April 2 itself. With the appointment of Technical Member (Patents), the Board now stands operationalised.

The IPAB is now fully functional for hearing the appeals against the orders of the Registrar of Trade Marks, Geographical Indications as well as the Controller of Patents.

It may be recalled that the pharmaceutical giant Novartis AG went before the High Court seeking reversal of the Chennai-based Controller’s rejection of its patent application for its anti-cancer drug Glivec in January 2006.

As per the Indian patent laws, appeals against rejection of a patent application should first go before the Appellate Board set up for the purpose.

But as the case was being heard out in the Madras High Court, it was revealed for nearly two years the Board remained had remained non-functional because the technical member had not been appointed.

Hence the Novartis appeal in the court. Towards the fag end of the hearings in the case, the government announced that the Board had become functional.

(The court has reserved orders on the Novartis petition challenging the validity of the an amendment to the patent laws. Citing that amendment only the Controller had rejected the drug firm’s patent application.)

Apart from the Novartis case, another prominent appeal to come up before the Appellate Board will be Wockhardt’s. It is challenging the denial of patent for a new version of nadifloxacin. a topical antibiotic sold under the brand name Nadoxin.

Another drug firm Cipla had filed a pre-grant opposition to Wockhardt's patent application, claiming that similar drugs already existed in the market. Subsequently, the Indian patent office denied Wockhardt a patent for its antibiotic on the grounds of 'prior art' -- Wockhardt's so-called innovation was information already in the public domain.

Significantly the patent office's refusal to grant a patent to nadifloxacin came a few months after it rejected Novartis' patent application for Glivec. Wockhardt had filed its appeal in the Bombay High Court.

Related medicine news :

1. Who Board To Discuss Asian Tsunami Related Health Issues
2. Abdominal Crunches Not The Best Option For Wash Board Abs.
3. Flu, Boarded A Ship?
4. Budhia Is Fine, Government-constituted Medical Board Reports False
5. Pharmacy Board Says Pharmacists Have Right To Refuse Morning-After Pill
6. Health Board and Doctors’ Association clash on working hours issu
7. Health Board to deal with Another Upcoming Fight
8. Health Board to take over Eating Disorder Service
9. Irish Medicines Board Extends Paracetamol Recall To All Batches
10. Delhi Medical Board to Probe Mistaken Surgery on Child
11. Indian Court Refers Novartis Plea for Patent on Anti-cancer Drug to a Separate Board
Post Your Comments:

(Date:11/27/2015)... (PRWEB) , ... November 28, 2015 , ... There is ... we outperform our billings from last year? , This question has not been an ... are coming to the retirement age and the younger workforce don’t share the same ...
(Date:11/27/2015)... ... November 27, 2015 , ... According to an article ... of Toronto and the University of British Columbia suggested that laws requiring bicyclists to ... article explains that part of the reason for the controversial conclusion is that, while ...
(Date:11/27/2015)... ... ... The rapid speed at which Americans are aging is ... needed, especially with Alzheimer’s, dementia and other cognitive conditions becoming more prevalent. Health ... of this equation: 80 percent of medical care occurs in the home, by ...
(Date:11/27/2015)... ... 27, 2015 , ... An inventor, from Hopkinsville, Ky., thought ... at home, so he invented the patent-pending ELECTRONIC M.D. , The ELECTRONIC M.D. ... doing so, it could help to prevent potential overdose situations. As a result, ...
(Date:11/27/2015)... Orange County, CA (PRWEB) , ... November 27, 2015 , ... ... holiday season , The company is offering customers 10% off of their purchase of ... purchase any treatment at full price. According to a company spokesperson. “Finding lice is ...
Breaking Medicine News(10 mins):
(Date:11/27/2015)... , Niederlande, November 27, 2015 ... fotodynamischer Bremachlorin-Therapie bei fortgeschrittenem Krebs.   --> ... Bremachlorin-Therapie bei fortgeschrittenem Krebs.   --> ... Bremachlorin-Therapie bei fortgeschrittenem Krebs.   Clinical ... --> Clinical Cancer Research vom ...
(Date:11/26/2015)... 26, 2015 Un nuevo enfoque ... para el cáncer avanzado.   --> ... fotodinámica de Bremachlorin para el cáncer avanzado.   ... inmunoterapia con la terapia fotodinámica de Bremachlorin para el ... . --> Clinical Cancer Research . ...
(Date:11/26/2015)... , Nov. 26, 2015 Research and Markets ... "Asia Pacific Cardiac Pacemaker Market Outlook to 2019 - Rise ... the Demand " report to their offering. ... --> Boston scientific and others. ... players including Medtronic, Biotronik, Boston scientific ...
Breaking Medicine Technology: