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The Intellectual Property Appellate Board has granted an interim stay on an order by the Indian Patent Office revoking a patent held by US-based Pfizer Health AB.
The exclusivity for the drug Detrol, used in treating urinary bladder abnormalities, was contested by Ranbaxy Laboratories.
In a ruling on November 27 last year, the Assistant Controller of Patents and Designs, Chennai, had revoked the patent protection for Pfizer’s drug, saying the invention was “obvious,” and offered no advancement in medication.
In the ruling today, Justice KN Basha and technical member (Patents) DPS Parmar said: “The balance of convenience is very much in favour of the petitioner for granting the relief of stay. Accordingly, we are granting interim stay on the operation of the impugned order dated November 27, 2013, passed by the Assistant Controller of Patents and Designs.”
Ranbaxy sought an adjournment today but the board said the company had received the notice from the petitioner as early as on March 13, and had enough time to appear and argue the matter.
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