The Intellectual Property Appellate Board (IPAB) has ordered the revocation of patents granted to U.S.-based Kibow Biotech Inc for its pharmaceutical compositions meant for treating renal, hepatic and gastrointestinal diseases at the same time.
The board passed the orders on applications filed by La Renon Health Care Pvt. Ltd, a competitor in the pharmaceutical market, who sought to revoke the patents of Kibow Biotech, on the ground that those patents lacked inventiveness.
Kibow Biotech is a biotechnology company which specialises in the development and clinically tested probiotic dietary supplements. The patent has been obtained by the company for the invention titled, ‘Prebiotic and Probiotic Compositions and Methods for their Use in Gut-Based Therapies’.
The company claimed that its pharmaceutical compositions were providing for an integrated, gut-based low cost alternative treatment for renal insufficiency, liver insufficiency, inborn errors of urea metabolism and gastrointestinal disorders and diseases.
The impugned invention would alleviate at the same time more than one symptom.
Seeking to revoke the patents granted to Kibow Biotech, the Gurajat-based La Renon Health Care filed the applications contending that there was no proof or description to support the statement that the invention would alleviate at the same time more than one symptom.
Therefore, Kibow’s statement was very general and not supported by any appropriate description in the specification.
Concluding that Kibow’s specification was not clearly substantiated, the Board, comprising its vice-chairman S. Usha and technical member D.P.S. Parmar said the compositions were mere admixture.