PHARMACEUTICAL PATENTING IN INDIA - BREAKING MYTHS
E.I. DU PONT DE NEMOURS AND COMPANY, USA VS. GHARDA CHEMICALS LIMITED, THANE
In 2010, the IPO adjudicated a pre-grant opposition filed by E.I. Du Pont De Nemours And Company, USA [hereinafter referred to as the Opponent] against the grant of a patent to Gharda Chemicals Ltd. [hereinafter referred to as the Applicant] for “A PROCESS FOR LARGE SCALE MANUFACTURE OF INDOXACARB”. The challenge raised by the Opponent under Section 3(d) of the Act was that the invention claimed a mere use of a known process. The Controller rejected said ground taken up by the Opponent and held that:
“… I have been convinced as per the discussion above that the claimed invention is novel as well as inventive over the prior art cited by the opponent. The Applicant seeks protection for an invention “Process for large scale manufacture of Indoxacarb” as contained in claims (1-3). As the claimed process is novel and inventive it cannot be a mere use of a known process rather the said process employs a solvent mixture in the reaction scheme which is new. Accordingly, such a ground of opposition is not validly established by the opponent”.
Accordingly, the Controller granted a patent to the Applicant.
 Indian Patent number 241255