The Deputy of Patents Registrar accepted Unipharm’s opposition to patent Application No. 117035 and held that the application is not patentable. This was a unique complex case involving theories on disappearing polymorphs. The Deputy registrar held that SKB failed to show the disappearance of the anhydrate form of paroxetine and that in any event, its “re-appearance” is not worthy of patent protection. The decision also included critical findings on SKB’s misconduct and concealment of material documents from the PTO.
For reasons that are unknown, SKB plans to appeal the decision failed. The decision is final. SKB best-selling drug Serroxat has no patent protection in Israel.