• New Delhi
  • 23 December 2013
  • Features
  • By Prity Khastgir, Indian Patent Attorney, Tech Corp Legal LLP

"Kibow case will encourage strong patent protection scenario in India"

Kibow Biotech's win in patent battle for its probiotic dietary supplement, 'Renadyl' in Indian court, has busted the myth that we completely lack ecosystem for protection

pk-patent

Prity Khastgir, Indian Patent Attorney, Tech Corp Legal LLP, New Delhi

About Author: Prity Khastgir is a Biotech and Pharmaceutical Indian Patent Attorney at Tech Corp Legal LLP, an Indian Intellectual Property law firm based in New Delhi. She also serves as Director at Tech Corp International Consultants Pte. Ltd. (Singapore), wherein she advises clients regarding freedom to operate (FTO) studies for their new product or service and search for possible foreign IP rights that could be infringed. Patent clearance searches are rapidly becoming a necessity for any technology company to enter in India and in any other foreign country. Having multi-jurisdictional experience gives her clients insights in protecting and enforcing their intellectual property rights in several countries.

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From time to time, India has been held responsible by foreign pharmaceutical and biotech companies that India's patent ecosystem is weak and doesn't encourage innovation nor provides adequate patent protection to research and development activities. However, recent judgement of Intellectual Property Appellate Board (IPAB) has been ruled in favour of US-based biotechnology company Kibow, headed by Natarajan Ranganathan upholding its initial patent and affirming that the company's break through probiotic dietary supplement sold under the brand name "Renadyl" capsules is patentable in India.

RenadylTM, a probiotic dietary supplement allows patients with kidney disorders; metabolize nitrogenous waste build up in the blood due to non-proper functioning of the kidney. The nitrogenous wastes are utilized by RenadylTM as nutrients in the large intestines. Since probiotics grow and multiply, they consume more nitrogenous waste and consequently they are very effective to maintain healthy kidney function in patients. Kibow Biotech was initially granted two patents one on April 3rd, 2007 for the process patent and the other on September 29th, 2008 for the product patent. The product patent was related to the disclosure of dietary supplement capsules and the process patent was related to the disclosure of the process utilized to prepare the capsules.

Factual Background of the Present Case:

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