Patent Office Rejects Valganciclovir PreGrant Opposition

The Chennai Patent Office has dismissed the pre-grant opposition [download] made by the Tamil Nadu Networking People with HIV/AIDS and the Indian Network for People living with HIV/AIDS (collectively hereinafter referred as the ‘the NGOs’) against the Application No. 959/MAS/1995 claiming antiviral drug compound Valganciclovir. The Chennai Patent Office was hearing the Valganciclovir pre-grant opposition after been directed by the Chennai High Court [download] to consider and hear the pre-grant opposition made by the NGOs who earlier filed a petition against the Chennai Patent Office decision for denying opportunity for hearing under the Section 25 (1) of the Patents Act, 1970 before the issuance of Patent No. 207232 for Valganciclovir. However, Roche later challenged the Chennai High Court order in the Supreme Court of India. The Supreme Court modified the order to add that “while deciding the above application (959/MAS/1995), the Assistant Controller shall take into account the pre-grant opposition filed in this case (which is on record) by respondent nos. 1 and 2 (NGOs) herein.” Also adding “The third respondent (Assistant Controller of Patent & Designs) need not consider any other pre-grant objection pursuant to this judgment.”