"After having considered the submissions submitted by the applicant in the hearing, the written submission and amended claims filed... it is hereby ordered that the invention disclosed and claimed in the instant application... is not considered as an invention under the provisions of the Act," Assistant Controller of Patents and Designs Bharat N S said in an order.
The Intellectual Property Appellate Board (IPAB) in October last year set aside an order by the patent office which rejected Pfizer's patent for a new formula of the drug and directed it to re-consider the application.
Quoting a Supreme Court judgement, the order said that the applicant would have to establish the therapeutic enhanced efficacy of the claimed compound over the base compound.

When contacted, Pfizer said the company's base patent for Tofacitinib remains valid in India.
"Following this decision from IPAB, we are reviewing our options for further action," the company said.
The decision of the patent office assumes significance as multi-national drug companies have alleged that India's intellectual property rights (IPR) regime is not in compliance with the global norms.



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