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...
Please log in
to read the rest of this article. New to Managing Intellectual Property?
Take advantage of free access to up to 5 articles on Managing IP and become a member today. It’s free to join and the benefits start straight away.
Please make sure you log in to read the rest of the article.
Join us nowGain FREE access to up to five free articles when you register now.