Reliance Industries fighting to revoke patent of Italian firm Cobarr in India

IPAB to consider miscellaneous petitition by Cobarr filed against Reliance's revocation application

Hearing on a patent dispute between Reliance Industries Ltd and Italy-based Cobarr SpA Km on the latters' patent on a polymeric material has been adjourned by the Intellectual Property Appellate Board (IPAB), as the Italian firm has filed four miscellaneous petitions (MPs) which it sought to be considered before the main petition.

Reliance has earlier filed a revocation petition against Patent No 202599, of Cobarr, which is for a polymeric material suitable for preparing biaxibility-oriented films and containers, which according to sources close to the matter, is used to manufacture packaging materials. The patent, which is owned by Sinco Ricerche SPA (later changed as Cobarr), is already around 15 year old.

The counsel appeard for the Italian firm argued that the company has filed miscellaneous petitions seeking relief on lack of evidence, the certified copies of patent application has to be filed before the Board and summoning of relevant documents from the patent office. The counsel argued that these petitions should be considered before considering the revocation petition.

The counsel appeared for Reliance Industries contended that the company should be given time to file a response to the MPs.

Hearing the arguments, IPAB Chairman Justice K N Basha and Technical Member (Patents) DPS Parmar, asked the registry to number to the MPs if those are submitted in compliance with the norms. The applicant (Reliance) shall have the opportunity to file their response with a period of eight weeks.

The coram also said that the respondent (Cobarr) would also be given to file the counter to the additional filings of the applicant after the MPs are decided.