Delhi High Court orders patent office to decide Novartis Ribociclib in four months
→Patent examiners must decide Novartis' Ribociclib file within four months
Change
Delhi High Court has ordered the Controller General of Patents, Designs and Trademarks to frame standard operating procedures and to decide Novartis AG's 2011 Ribociclib patent application and all oppositions against it within four months.
Why it matters
The Controller General of Patents, Designs and Trademarks must establish standard operating procedures that enforce fixed disposal timelines for patent applications. Timely disposal must be prioritised and timelines adhered to for the Ribociclib application and recorded oppositions.
Implications
- — Patent office examiners and administrators must implement the court-ordered standard operating procedures and conclude examination of Novartis' Ribociclib application and oppositions within four months — failing to meet the court-ordered timeline will expose the office to further judicial direction.
- — Patent litigators for Novartis and for opposition parties must file any outstanding submissions immediately and present required evidence before the four-month deadline — submissions not filed before the deadline will not form part of the court's record for the decision.
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Source
View on Economic Times