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After re-hearing the matter in December 2012, the patent, which related to 3-pyrrole substituted indolinone compounds, was revoked by the Patent Office for lack of inventive step.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.