Ideal Cures Pvt Ltd, the leading manufacturer of 'Instacoat' - ready to use film coating systems - has won an appeal against US-based BPSI Holdings Inc for grant of a PVA based film coating composition patent in India.

Ideal Cures Pvt Ltd, earlier, filed a pre grant opposition against grant of a patent vide application No. IN/PCG/2002/0020/DEL, filed by BPSI Holdings Inc, parent company of Colorcon Asia Pvt Ltd under section 25(1) of the Patents Act, 1970. The said composition is sold worldwide by Colorcon Asia Pvt Ltd as Opadry II, informed Ideal Cures in an announcement.

The judgement on the pre grant opposition was given on August 9, 2006 for refusal of grant of patent on the grounds that the applied film coating composition does not involve any inventive step, therefore cannot be considered as invention under Setion 2 (1) (j) of the Patents Act and the said composition is not patentable under section 3 (e) of the Act. The judgement also stated that the description in the application does not comply with the requirement of section 10 [4(a and b)] of the patent act 1970 (as amended by Patents Amendment Act 2005).

Following the grant of pre grant opposition, BPSI Holdings Inc filed a review petition with the Intellectual Property Appellate Board, which has been dismissed as per the order given in March 2009 on the grounds that no error was apparent on the face of the record in the judgement dated August 9, 2006, explains the announcement.

However, a top official with Colorcon Asia refused to respond on the development, as the company has chosen to keep silence on the issue which appeared in public domain, lately.