Wednesday, February 27, 2008

Sun opposes Risperidone related patent

Varun had posted this:

Mumbai-based Sun Pharmaceuticals Ltd. has filed a post-grant opposition in respect to Indian Patent No. 208191 issued to Janssen Pharmaceutica N.V. against the mail-box Application No. 188/CAL/1995. The opposition was filed on January 02, 2008 with the Mumbai Patent Office, which last year in July (dated July 20, 2007) published the grant of the ‘191 patent under section 43(2) of the Patents Act, 1970. The ‘191 patent relates to sustained-release micro-particle of risperidone.
After Varun put his post, the media also covered it: here.

My query:
What has got me thinking that if the patent application was filed at Kol patent office, then how was it granted by the BOM patent office?
Once an answer to that comes across, then we can understand the reason behind the Post grant Opposition being filed at the BOM patent office?

1 comment:

Manish Garg said...

This is indeed surprising to note about filing post-grant opposition at Mumbai office wherein original office patent filing was done in Kolkata. One possibility that comes to my mind is that post-grant opposition applications could be filed in any patent offices in India, is that so? Because under the act, there is no provision as to the jurisdiction of filing such opposition applications whereas jurisdiction has been clearly defined for filing patent applications.