There is a recent update regarding the Indian Patent law where
an Intellectual Property Appellate Board (IPAB) order has been
validated by Madras High Court by dismissing a writ petition
challenging an order that effectively upheld a Patent.
Background of the Case:
Kibow Biotech, founded in 1997, is a US based company
specializing in development and commercialization of dietary
supplements. Renadyl is the flagship product of the company that
augments kidney function and reduces the need for patients to
undergo dialysis was under inspection here.
La Renon, an indigenous Indian company based out of Gujarat,
challenged the validity of two patents. In 2013, in La Renon vs
Kibow Biotech before IPAB, the process patent no. (205478) was
rejected by the IPAB in favor of La Renon. But product patent no.
(224100) was upheld in the favor of Kibows. According to an
official statement by the Kibows, a product patent is more valuable
to them as compared to a process patent, as