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ARTICLE · 22 MAY 2019

Patentee Rights During Pendency Of Post-Grant Opposition

Khurana & Khurana, Advocates and IP Attorneys
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In the case of Novartis AG & ANR v Natco Pharma Ltd, Swiss Pharma major Novartis has been granted patent for novel and inventive compound "Certinib" for treatment of non-small cell lung cancer.

IndiaIntellectual Property
Mita Sheikh
Mita Sheikh
Siddhi Mundada
Siddhi Mundada
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Issues:

In the case of Novartis AG & ANR v Natco Pharma Ltd, Swiss Pharma major Novartis has been granted patent for novel and inventive compound "Certinib" for treatment of non-small cell lung cancer. The suit patent was filed claiming priority since 2007, and was granted on 28th September, 2015.

Novartis came across NOXALK (Natco Pharma's product) at a pharmaceutical conference at Kolkata and noticed the launch of "Certinib Capsules".

Natco Pharma claimed that the Certinib molecule is neither novel nor inventive as it is covered under the broad "Markush" formula which is disclosed in the patent granted to AstraZeneca ortwo other patents granted to Rigel. Based on such contentions Natco Pharma opposed Novartis's patent by post-grant opposition.

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