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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