In a 39-page
decision dated February 11, 2013, the Delhi Branch of the Indian Patent
Office has again revoked Sugen Inc’s patent 209251 on Sunitinib (which is used
to treat Renal Cell Carcinoma (RCC)). Readers would recollect that in November
2012, the Supreme Court had set
aside the original post-grant
revocation order of September 24, 2012 and remanded the matter for re-consideration by the Patent Office.
After re-hearing the matter in December 2012, the patent, which related to 3-pyrrole
substituted indolinone compounds, was revoked by the Patent Office for lack of inventive step. The
Assistant Controller’s reasons for arriving at the finding of non-obviousness start
from Page 32 of the order. I will shortly discuss the merits of the order in another
post.
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