HC to hear pharma patent issue on Monday

Written by Indu Bhan | Indu Bhan | New Delhi | Updated: Jan 30 2010, 04:25am hrs
The Delhi High Court will hear on Monday a batch of petitions filed by global pharma majors seeking quashing of the patent offices decision that rejected their applications for grant of patents for their respective drugs.

The patents were rejected after domestic pharma company pre-grant oppositions were accepted.

The important issue raised before the court by the four pharma majorsYeda Research and Development Company, UCB Farchim, Eli Lilli, and Colorcon Inc is whether they have a right to file an appeal before the Intellectual Property Apellate Board challenging the Controller of Patents order that rejected their pleas for grant of patents.

Justice Murlidhar has posted the matter for hearing on Monday after Additional Solicitor General AS Chandiok, representing the Centre, told the court that an appeal does lie against the acceptance of pre-grant opposition.

The company cant be remediless even if its patent application is rejected on frivolous grounds, he told FE. The companies had approached the high court as no appeal lies against the decision of controller of patents on the representation to oppose the patent.

While the patent office had rejected Yeda Research and Development Companys patent application on the composition of generic version Glatiramer Acetate after Hyderabad-based Natco Pharma Ltd had opposed it.

The drug is the generic version of Teva Pharmaceuticals Copaxone and is used in the treatment of multiple sclerosis.