Wednesday, April 15, 2009

Novartis Loses PreGrant Opposition for Imatinib Alpha Form

The Chennai Patent Office lately ruled against Novartis in pre-grant opposition [(download] filed by Sun Pharmaceutical Industries Ltd., Time Cap Pharma Labs Pvt. Ltd. and Okasa Pvt. Ltd. (collectively Opponents) against the patent application no. 799/CHE/2004 for alpha crystalline form of imatinib mesylate. The Chennai Patent Office refuses the grant of patent after Opponents successfully succeeded in (1) establishing the ground of Obviousness under 25(1)(e), (2) proving the ground of ‘not an invention’ under section 25(1)(f), (3) non-patentable under section 3(d), and (4) proving the ground of ‘insufficiency’ under section 25(1)(g). The application is divisional application of the patent application no. 1602/MAS/1998 claiming beta-crystalline form of imatinib mesylate which was also rejected by the Chennai Patent Office but subsequently appealed by Novartis. Currently, Intellectual Property Appellate Board is hearing the beta-crystalline patent application.

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