Novartis Object Over Appellate Board Formation

Pharmaceutical major Novartis which dared to challenge the Indian patent system is fighting tooth and nail against the decision of Chennai Patent Office to reject its patent application for beta-crystalline form of Imatinib Mesylate, has now raised an objection against the formation of two-member bench of the Intellectual Property Appellate Board (IPAB), in particularly objecting the presence of S. Chandrashekran as a technical member pursuant to section 116(2) of the Patents Act 1970. Novartis alleged it was under the tenure of S. Chandrashekran as a Controller General of Patents the application for beta-crystalline form of Imatinib Mesylate was rejected, and also that he was acting as a party in the recent court case reviewing the decision of the Indian Patent Office to reject application for beta-crystalline Imatinib Mesylate. However, Chandrasekran denied any conflict of interest stating that the application was rejected at the Chennai Patent Office by the Assistant Controller of Patents & Designs.