EURO-CELTIQUE SA Vs. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

JUDGEMENT

(1.) THE invention in patent application No.6117/DELNP/2007 is for a "Dosage Form Containing Oxycodone and Naloxone". The Controller held that the application does not meet the requirements of Section 2(1)(g), 3(d), 3(e), 8 and 10(4) of the Patents Act. He relied on five prior arts:

(2.) THE learned counsel for the appellant submitted that the aim of the invention is intended to be a Dosage Form in a specific patient population who are not only suffering from pain but also experiencing side effects due to opioid pain therapy (particularly constipation) and also adverse events (particularly diarrhea) due to active agent naloxone in the dosage form. This invention lies in the dosage form capable of providing pain relief as well as an optimal balance between side effects and adverse events as described above.

(3.) THE learned counsel referred to the complete specification which refers to the embodiment examples and the optimization of naloxone and oxycodone ratio in patients suffering pain. The learned counsel also refer to the estimated improving by using oxycodone naloxone ratio versus naloxone placebo groups The estimates indicate that bowel function improvement increases as oxycodone/naloxone ratio decreases, with the estimated improvement at 2:1 approximately 50% higher than at 4:1 (p The estimates indicate that bowel function improvement increases as oxycodone/naloxone ratio decreases, with the estimated improvement at 2:1 approximately 50% higher than at