The Intellectual Property Appellate Board (I PAB) has dismissed multinational drug major AstraZeneca's appeal against refusal of patent to its lung cancer drug, Gefitinib, on grounds of known prior use.
in 2007, the Indian Patent Office had rejected AstraZeneca's attempt to patent its lung cancer drug `Gefitnib' on the ground that it was a known formula for lung cancer treatment.
Hyderabad-based Natco Pharma Ltd and G M Pharma had opposed the initial patent application for AstraZeneca's quinazoline derivative, Gefitinib, on grounds of known prior use.
UK-based AstraZeneca approached IPAB after the Indian Patent Office turned down a review petition against its original order of 2007. The Patent Controller dismissed the review petitions in May 2011.
"While observing that this board had already taken a view that no appeal shall lie against the controller's order passed in a review petition, even on merits, the appeal against the review petition fails," IPAB chairman justice Prabha Sridevan said in an order dated 26 November 2012.
AstraZenica in its appeal had argued that the Controller had erred in patent determination as also failed to acknowledge the increased efficacy of the drug.