S.USHA,VICE CHAIRMAN - (1.) APPLICATION for revoking the patent No.205478 under the provisions of the Patents Act, 1970.
(2.) THE brief facts of case are - - The 1st respondent Kibow Biotech Inc. is a foreign company and a competitor of the applicant. The 1st respondent filed a Civil Suit No.498 of 2011 before the Hon'ble Madras High Court alleging infringement of the impugned patent No.205478 in order to curb the competition in the market from the applicant who would be the major competitor. The said suit is pending. The applicant is therefore a person interested in the filing of this revocation petition. Applicant's case:
(3.) THE applicant contended that it has examined the complete specification and the claims and found that the grant of the impugned patent is bad in law. The patent has been obtained for the invention titled, "Prebiotic and Probiotic Compositions and Methods for their Use in Gut -Based Therapies". The respondent has in the impugned patent made a claim for pharmaceutical composition and also for a method of treatment in the same application which is barred under Section 7(1) of the Act. Two separate set of claims pertaining to two different subject matters cannot be the subject of a single application for the grant of patent. According to the applicant, the 1st respondent initially filed the complete specification pertaining to the impugned patent for a process of mixing with a set of six claims. But the complete specification with the claims for which the impugned patent has been granted is for a product and a method all of which are not patentable and outside the scope of the invention as originally claimed. The title of the impugned patent application given in the patent certificate mentions it as "A process of Making Pharmaceutical Composition" while the complete specification mentions it as "Prebiotic and Probiotic Compositions and Methods for their use in Gut -based Therapies". The respondent had only intended to obtain a patent for product. The patent has been obtained on false representation.;