The Chennai Patent Office has dismissed the pre-grant opposition on Valganciclovir. In view of consideration of the relevant arguments put forward by the Counsel for the opponents and Agent for applicant at the hearing, the documents on record and the relevant written submissions made by both the parties and all the circumstances of the case, the pre-grant opposition filed by the opponents under section 25(1) (f) and section 25(1) (h) of the Act was accordingly dismissed without any order as to costs.

This pre-grant opposition hearing took place as a result of a direction by the Madras High Court to consider and hear the pre-grant opposition made by Tamil Nadu networking People with HIV/AIDS and the Indian Network for People living with HIV/AIDS, who earlier had filed a petition against the Chennai Patent Office decision for denying opportunity for hearing under the Section 25(1) of the Patents Act, 1970 before the issuance of Patent No. 207232 for Valganciclovir.

Section 25(1) of the Patents Act stipulates that where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the grounds provided there under.

The Tamil Nadu Networking People with HIV/AIDS and the Indian Network for People living with HIV/AIDS, had filed a Pre-grant opposition by way of a representation on the following grounds namely –

1. That the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act under section 25(1) (f);



2. That the applicant has failed to disclose to the Controller of Patents the information required by section 8 or has furnished the information which in any material particular was false to his knowledge under section 25(1) (h).