European Patent Office in Munich has given the decision in the favor of Panacea Biotec Ltd. by revoking Novartis European Patent number EP1059913 in its entirety.
Panacea Biotec had filed an ‘Opposition’ in 2005 against European patent bearing patent number EP1059913 assigned to Novartis AG, entitled “Emulsion preconcentrates containing cyclosporine or a macrolide”. ‘Opposition’ proceedings’ by Panacea Biotec were filed on the grounds of ‘Lack of Novelty’ and ‘Inventive-step’ against EP1059913 over the prior arts cited by the opponent. ‘Novartis’ filed its response for the Opposition. Later on; Novartis filed two auxiliary requests in order to protect their granted patent. In August 2007, summons for ‘Oral hearing’ were issued to both the parties, ‘Opponent herein referred to as Panacea Biotec’ and ‘Patentee herein referred to as Novartis AG’. Subsequently on Oral hearing the European Patent - EP patent 1059913 was revoked on account of being taken of the amendments made by the patent proprietor (Novartis) during opposition proceedings such that the patent and the invention to which it relates were found not to meet the requirements of the EPC (Art. 101(3) (b) EPC).
This victory stands as the testimony for Panacea Biotec to be an Innovation focused company. Further; this case serves as one of the major victories by an Indian pharmaceutical company in the lucrative European market.
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