ABRAXIS BIOSCIENCE LLC A COMPANY ORGANIZED UNDER THE LAWS OF USA OF 11755 WILSHIRE BLVD. Vs. UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAWAN & OTHERS

JUDGEMENT

(1.) THIS appeal is filed by the appellant challenging the order of the learned Assistant Controller of Patents and Designs dated 28/4/2009 rejecting the patent application preferred by the appellant seeking for the patent for their invention "composition and method for delivery of pharmacological agents" in India under the Indian Patents Act, 1970 under the application number 2899/DELNP/2005.

(2.) THE appellant is a fully integrated bio -technology company dedicated to delivering progressive therapeutics and core technologies that offer patients and medical professionals safer and more effective treatment for cancer and other critical illnesses. The appellant claimed that their company is the worlds first only protein based Nano particles chemotherapeutic for cancer treatment clinically approved by regulatory agencies in several countries. The appellant developed this proprietary tumor targeting system known as nab Technology platform which is an innovative approach for treating cancer and other critical illness. Accordingly the appellant submitted their application as stated above for grant of patent right. The generic version of medicine Abraxane is covered by the patent application.

(3.) THE 4th respondent launched their product "Albupax?. Therefore, the