Rejection
by Indian Patent Office challenged in High Court
Novartis
filed for a patent on imatinib mesylate, which is used for
treating Chronic Myeloid Leukemia. On publication of the
patent application, the Cancer Patients Aid Association
along with a group of generic drug-makers filed an
opposition against the application. The Chennai Patent
Office, India, rejected the patent application on grounds
relating to Section 3, lack of novelty and so on. Novartis
filed writs at Madras High Court challenging the rejection
of its patent application and asked for a stay of the
decision of the patent office. It also challenged the
constitutional validity of section 3 and submitted that
the section is not in conformity with India's obligations
under the TRIPs Agreement.
Digital TV - Patent Pool
Ultidge Incorporated, a
company founded by Matsushita Electric, Mitsubishi
Electric and Sony Corporation in Japan, is working on a
patent pool in digital TV tuners. The patent space
relating to digital TV tuners is very crowded and requires
multiple license transactions with different parties to
implement the technology. Ultidge believes that the patent
pool would reduce transaction costs for multiple licenses
by enabling a partyto
take a single license over all patents relating to digital
TV in one transaction. Uldige plans to manage the patent
portfolio and license the patents to interested parties.
The company has now requested the patent owners to join
the patent pool.
WARF's stem cell patents under fire
The controversy relating to embryonic
stem cell patents continues with Public Patent Foundation
filing for revocation and examining division revoking
patents and patent applications of Wisconsin Alumni
Research Foundation (WARF). WARF owns three patents
relating to primate embryonic stem cells andmethod of isolating them at the US Patent Office
(Patent numbers are 5,843,780, 6,200,806 and 7,029,913).
Scientists are not happy with these patent grants as they
believe that such patents impede research in the field.
Public Patent Foundation filed a request for reexamination
of the patents on behalf of the Foundation
for Taxpayer and Consumer Rights
(FTCR) claiming that the patents lack novelty and
non-obviousness. They argued that the patents block
research and require payment of tax payer money in the
form of license fee, making them not worthy of patent
grant. In Europe, a patent application relating to primate
embryonic stem cells was filed by WARF at European Patent
Officebut
the examining division rejected the patent stating that it
was against public order and morality. The question has
now been referred to Enlarged board of appeals of European
Patent Office for clarification.