Sunday, December 7, 2008

Madras High Court orders to reexamine Valganciclovir patent in India

On 2nd December, 2008, the Madras High Court set aside the grant of a patent to Roche, in relation to its drug Valganciclovir because in the Court's opinion the Chennai Patent Office's decision to not grant a hearing to the petitioners/pre-grant opponents, who in this case were The Indian Network for people living with HIV/AIDS and the Tamil Nadu Networking People with HIV/AIDS, was in violation of Section 25 of the Patent Act. The Court also ordered the re-hearing of the pre-grant opposition by the end of January, 2009. The judgment can be accessed over here at the website of the Lawyer's Collective which was involved in the litigation.

Valganciclovir is a vital drug for patients suffering from HIV/AIDS. The original patent application was filed in India in 1995 and the application bears the number No.959/MAS/1995. The Patent Office granted it a patent bearing number Patent No.207232 in April, 2007.

Ipblogger wishes to acknowledge the efforts of Mr. Prashant Reddy of SpicyIP who has published comments on Valcyte. Ipblogger suggests to read from this site

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