The Patent office (PO) Delhi in a recent event refused to grant a patent for an application of Novartis. The Swiss Pharmaceutical company applied patent for a modified formulae of its diabetes drug called Vidagliptin which is being marketed under the brand name of Galvus.
Novartis filed an application with the PO in November 2007, The First Examination Report (FER) was issued in end-May 2012, with objections against some of the claims made by the company, for which the company responded in May 2013.The examiner was not satisfied with the response filed by the company and raised some more objection after re-examination. On request of company an official hearing was held in May 2014, Rajesh Dixit assistant controller of Patents and design, Delhi said in his order that the claims failed to meet the requirements under section 2(1)(j) of patent law, which says an invention means a new product or process involving an inventive step and capable of industrial application. The company also failed to meet the requirements of Section 3(d) and 3(e) of the Act, he said. So, a grant of patent was refused.
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