Two more drug patents revoked in India

12 August 2013

In another blow for intellectual property in India, local drugmaker Ajanta Pharma has prevailed in revoking two composition patents of USA-based Allergan (NYSE: AGN) used for the treatment of glaucoma, reports PharmaBiz and other local media.

Ajanta had applied for revocation of both the patents under independent applications in 2011 on grounds of obviousness, not an invention, not patentable, insufficiency and non-disclosure under Section 8 of the Patents Act (2005) with Intellectual Property Appellate Board (IPAB). The combination patent decision has emerged as a landmark decision at IPAB.

Both the patents, namely IN 212695 and IN 219504 were granted by the Kolkata Patent Office in December 2007 and May 2008 respectively. IN 212695 was related to invention for the composition covering bimatoprost and timolol (Allergan’s Ganfort) whereas IN 219504 was related to invention for the composition covering brimonidine and timolol (Combigan).

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