Ajanta Pharma Ltd. filed a revocation application against Allergan's patents viz. IN 212695 and IN 219504 granted by the Kolkata Patent Office in December 2007 and May 2008 respectively. Both the patents were on drugs to cure Ocular Hypertension (Glaucoma) and were applied for a revocation on the grounds of obviousness, not an invention, not patentable, insufficiency and non-compliance of Section 8 of the Indian Patents (Amendment) Act, 2005.
It was held by the IPAB that the application was not time barred. The right to revoke patent any time after the grant of patent under Section 64 of the Act cannot be extinguished by applying limitation of three years under Article 137 of the Limitation Act.
The IPAB rightly revoked both these patents on grounds of Obviousness and Breach of Section 8 of Indian Patents (Amendment) Act, 2005, as put forward by Ajanta Pharma Ltd.
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