Opposition To Patent Applications 150511 In The Name Of The Procter & Gamble Company (April 2011)

The Deputy Patents Registrar accepted Unipharm’s opposition to the patent applications for lack of novelty, of inventive step and covetous claims.  The patent application related to a vast range of polymorphic mixtures of the active ingredient of the drug Actonel, with one of the polymorphs being specifically know in the prior art. It was held that the other polymorph was also known; the vast range of claimed mixtures is covetous; and the alleged invention relating to a controlled process for preparing the exact mixtures was unsubstantiated.