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GlaxoSmithKline contests patent plea rejection before HC

Our Legal Correspondent

Kolkata , Dec. 15

GLAXOSMITHKLINE plc, the pharmaceuticals major, on Wednesday moved an application before Mr Justice Pinaki Chandra Ghose of the Calcutta High Court, contesting the refusal of a patent application by the office of the Controller of Patents & Designs sometime ago.

The company had applied to the Controller for a patent on a pharmaceutical product, Rosiglitazone Maleate tablet and a solvent under the provisions of the P&D Act. After considering the application, the Controller rejected the application of Glaxo, which had sought a patent for the product, which was claimed to be a researched and invented one. The Controller, however, refused to accept this as the same is already in the markets of the US and Brazil, having been patented thereof. The product is a conventional one and not invented, the Controller had pointed out. Glaxo, in its application today, submitted before the court that the order of the Controller refusing grant of patent was illegal.

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