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Pfizer Case – Patent reinstated

Pfizer Case – Patent reinstated

In this case SUNITINIB patent was cancelled by the Patent Office in a post grant opposition on the 24th September 2012. The patent owner filed a writ before the Delhi High Court primarily on the ground that a copy of the recommendations made by the Opposition Board to the Controller of Patents was not supplied to the patent owner even though the same had been relied upon by the Patent Office while revoking the patent. Proceedings in this matter took place before the Single Judge and then the Division Bench of the High Court as also before the Supreme Court. Finally, two months later i.e on the 27th November 2012, the Supreme Court (i.e. India’s highest court) restored the patent on the register and set aside the Controller’s order of 24th September 2012. The Court held that the order had been passed in violation of natural justice in as much as a copy of the Opposition Board had not been supplied to the patent owner. Since the proceedings are now to take place before the Controller, the order of the High Court has also been quashed. The effect of order is that the patent has been reinstated. Anand & Anand was acting on behalf of Pfizer.

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