Kibow Biotechnology (Kibow) is a US based pharmaceutical company had applied for a patent for one of its product called 'Renadyl'. The product was granted patent on the basis that it effectively pioneered the use of probiotics for enhancing kidney function and reduces the need for kidney patients to undergo dialysis. Kibow had been granted both a product patent and a process patent in India for Renadyl.
An indigenous company by the name of La Renon Healthcare, based out of Gujarat, sold a similar drug under the name 'Cudo' and filed a revocation petition at the IPAB against the patent granted to Kibow. The petition was filed on the grounds that the drug was neither an invention nor an inventive step and that the specification did not disclose any technical advancement over existing knowledge or prior art and was thus obvious to a person skilled in the subject matter. The IPAB rejected La Renon's arguments regarding the grant of patent, and stated that the innovation is novel and deserves exclusive rights, but it turned down the process patent as the method of composition was found to be obvious and lacked inventiveness. The revocation petition was dismissed.
La Renon then approached the Madras High Court in an appeal against the IPAB order in the form of a writ petition. The High Court evaluated the assertions made by Renon claiming that the patent was granted inappropriately and violated multiple provisions of the Patents Act. However, all such assertions were found to be frivolous by the Hon'ble High Court. Further, the court found no infirmity in the decision given out by the IPAB and thus the writ petition was dismissed without any costs.
Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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