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IPAB overturns Patent Office on Roche drug

KS Ramanujan and Anupama Ravindran, Lakshmi Kumaran and Sridharan

This paper discusses the recently published decision of the Intellectual Property Appellate Board (IPAB) in the case of Sankalp Rehabilitation Trust v F Hoffmann-La Roche in the post grant opposition of patent 198952 ('952 for short), owned by F Hoffmann-La Roche. The '952 patent titled "A physiologically active branched PEG-IFN alpha conjugates" is related to a hepatitis-C drug.

The constituted opposition board found that the claims lacked inventive step and was invalid under section 3(d) of the Act. The assistant controller of patents rejected the recommendations, and held the patent to be valid. On appeal, after holding that Sankalp Rehabilitation Trust had locus standi to file the post-grant opposition, IPAB overturned the decision of the Patent Office and found the patent to be invalid under section 3(d) of the Act, as well as for lacking inventive step. The present article will focus on the findings of IPAB on the issues...

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