SpicyIP Tidbit: IPAB Stays the Revocation of Pfizer’s Patent

The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of detrol latolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here.

The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report, IPAB ordered: “…the balance of convenience is very much in favour of the petitioner for granting the relief of stay. Accordingly, we are granting interim stay on the operation of the impugned order dated November 27, 2013 passed by the Assistant Controller of Patents and Designs.” Further, “We are of the considered view that the second respondent (Ranbaxy) having received the notice from the petitioner as early as on March 13, 2014, had enough time to appear and argue the matter of stay petition. There is no justification for seeking further time, more particularly in view of the urgency involved in this matter as per the submission of the petition of the learned senior counsel for appellant.” 

Mathews P. George

Mathews is a graduate of National University of Juridical Sciences, Kolkata. His interest in intellectual property was kindled when he bagged the second position in his second year of Law School (in the prestigious Nani Palkhiwala Essay Competition on Intellectual Property). His stint as a student of Prof. Shamnad Basheer further accentuated his interest in intellectual property. Winner of almost a dozen essay competitions in his Law School days, he was involved in various research and policy initiatives relating to intellectual property. Mathews is, currently, based out of Munich, Germany. He had earlier done his LLM in 'IP and Competition Law' from Munich Intellectual Property Law Centre (jointly run by Max Plank Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington).

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