Lack of sufficiency of disclosure: a ground for opposition and more

Swemed, a Swedish pharmaceutical SME, has developed a highly promising drug for the treatment of specific respiratory diseases. In order to protect its interest in its innovation, Swemed decided to patent the method of production of the drug in various key markets throughout the world. The European SME therefore filed an international patent application through the Patent Cooperation Treaty, designating several countries including India. The application was successful, and Swemed obtained patent protection for their innovation in India. The product was marketed and sold successfully in India. However, within a year, an Indian company engaged in drug manufacture, which competed on the market for similar drugs, and filed a post-grant opposition with the Indian Patent Office trying to get Swemed’s patent struck down. One of the motives brought forward was based on the ground of lack of sufficient information disclosure pertaining to the method of performing the invention. Faced with that situation, the Swedish SME decided to seek help from an IP expert in India.