Ajanta Pharma Ltd. filed a revocation application against
Allergan's patents viz. IN 212695 and IN 219504 granted by the
Kolkata Patent Office in December 2007 and May 2008 respectively.
Both the patents were on drugs to cure Ocular Hypertension
(Glaucoma) and were applied for a revocation on the grounds of
obviousness, not an invention, not patentable, insufficiency and
non-compliance of Section 8 of the Indian Patents (Amendment) Act,
It was held by the IPAB that the application was not time
barred. The right to revoke patent any time after the grant of
patent under Section 64 of the Act cannot be extinguished by
applying limitation of three years under Article 137 of the
The IPAB rightly revoked both these patents on grounds of
Obviousness and Breach of Section 8 of Indian Patents (Amendment)
Act, 2005, as put forward by Ajanta Pharma Ltd.
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