Origiin IP Solutions sees that the opposition and revocation of a patent are of incredible significance for the pharma industry. This is because a repudiated patent might be an excellent opportunity for generic drug manufacturers to produce a similar product in the market without risking a patent claim.
The opposition to a patent application or a granted patent is interesting provisions of patent law where any individual can record pre-grant opposition. Here the opposing party files an application for the opposition at any stage of the patent process from the date of publication to the date of grant or person interested can oppose granted the patent, Deepa ES, Senior Patent Analyst, Origiin IP Solutions LLP.
Resulting in documenting a patent application, it is published after the expiry of year and a half from the date of priority. This waiting period for the application is given deliberately in case the applicant wishes to make amendments. After publication, the patent application can be restricted by any individual on certain specified grounds.
This resistance is called as a pre-grant restriction. After the grant of the patent, within a year from the date of grant, there is a window of opportunity in which the patent might be opposed, and is called as post-grant resistance, she included.
The company which is remarking on the Patent Opposition and its effect on the pharmaceutical industry said there are particular grounds recorded in the patent act that might be utilized to oppose or revoke a patent. As indicated by Udit Sharma, intern, Origiin IP Solutions LLP, if there should arise an occurrence of a granted patent, a restriction proceeding could bring about the revocation of the patent.
While in the case of pre-grant opposition, the opposition proceeding may impede the granting of the patent. But, if the patent is canceled in this process, the holder loses all legal rights for the patent, because of which third parties can utilize his patent without his permission. There might be various reasons behind the patent opposition.
If we take the case of basmati, neem, turmeric patents, it was seen that the patent was contradicted because they depended on traditional Indian knowledge. Likewise, an opposition of patents -is also documented by companies as a defense to infringement suits. For this, the opposition is the best way to refute or renounce a patent, said Deepa.
Another example where Intellectual Property Appellate Board (IPAB) denied a patent, was India’s first product patent conceded to Roche. This was for Pegasys and was repudiated because of lack of viability when compared with the non-pegylated version of the drug.
It was opposed by Sankalp Rehabilitation Trust, a group based patient association that gives care and treatment to injection dependent drug users, who are vulnerable to infection with the hepatitis C infection. Segment 3 (d) of Indian Patents Act is a standout amongst the most controversial provisions, which announces that another type of the known substance isn’t patentable until and unless viability is demonstrated.
If the new substance composition fails to demonstrate its improvement, then it might be rejected. The opposition to patent has both advantages and disadvantages and assumes an important part of pharma industry as it is a defense for the companies during infringement suits and helpful to the generic companies, expressed Deepa.