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October 2017

IPR Amicus: August 2017

by Prosenjit Chattopadhyay Archana Viswanathan

Article

Patent refusal for Enzalutamide: An overview

Recently the Indian Patent Office refused to grant a patent to the Regents of University of California, for Enzalutamide on the ground that the invention lacked inventive step and was not patent eligible under Sections 3(d) and 3(e) of the Indian Patents Act. The IPO however rejected objections against novelty. Similarly, the contentions of non-disclosure of the invention in a sufficiently detailed manner and of details of applications filed in foreign jurisdictions were also rejected by the IPO. The decision is under challenge before the Delhi High Court. However, IPO’s decision to refuse grant of patent will enable generic drug manufacturers to make and market generic versions of ‘Xtandi’. According to the authors, even if the High Court finally allows the writ petition and the patent is also granted, the fact that in the meantime, other generics have already started selling the product in the market may result in denial of an injunction if the patent is enforced at a later point in time...

 

Ratio decidendi

  • Trademarks – Phonetic similarity when word used as suffix in one mark and as prefix in another – Bombay High Court
  • Copyright in literary work authored by director of a company – Delhi High Court
  • Patent revocation application when not to be heard – Bombay High Court

 

August, 2017/Issue-73 August, 2017/Issue-73

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