In a reprieve to US-based pharma major Pfizer Inc, the Intellectual Property Appellate Board (IPAB) has set aside an order that rejected the company’s patent application for Zeldox — a drug used for the treatment of psychotic patients.
The IPAB has asked the patent office, Delhi, to reconsider the matter afresh by providing ample opportunities to the pharma company to put forth its submissions more effectively and pass an order in a another five months.
The IPAB bench observed that the assistant controller had wrongly proceeded to consider the claims for patent mainly on the basis of the comparison of a prior art compound which was not at all in existence and that reflects the total non-application of mind.
“We have no hesitation to hold that on the above said ground itself the entire impugned order is vitiated. We are constrained to set aside the impugned order. Consequently, the assistant controller is directed to consider the matter afresh by furnishing the definite and specific objections affording reasonable opportunity to Pfizer to put forth their case more effectively by furnishing the required data, particulars, documents and experts opinion. The assistant controller should pass orders on merits in accordance with law within a period of five months from the date of receipt of copy of order of this bench”, the IPAB bench said.
The patent office, Delhi, had rejected in 2010 an application by Pfizer for the grant of patent for their invention titled Ziprasidone mesylate trihydrate, the generic name for Zeldox drug.
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