A.K. Ganguly, C.J.

1. Both the petitioners in this writ petition are registered societies under the Tamil Nadu Societies Registration Act, 1975 and they are providing support to people living with HIV/AIDS (herein after referred to as “PLHIV”). The petitioners try to lend support to PLHIV in critical areas such as access to medicine and treatment and also for removal of discrimination facing PLHIV in Indian society. Members of the petitioner organizations are citizens of India.

2. F. Hoffmann-La Roche AG, the 4th respondent herein, is a pharmaceutical company registered in Switzerland having its office at 124, Grenzacherstrasse CH 4200, Basle, Switzerland. It filed a Patent Application titled “2-(2-Amino-1, 6-Dihydro-6-oxo-purin-9-yl)-methoxy-1,3-propanediol Derivative”, which was allocated No.959/MAS/1995, for a patent relating to Valganciclovir, which is a drug used to treat CMC retinitis. The 4th respondent’s Patent Application No.959/MAS/1995 was filed on 27.07.1995, and the 2nd respondent published the said application on 25.02.2005 in Issue No.06/2005 in the Official Journal of the Patent Office.

3. Thereafter, on 12.07.2006 the petitioners filed a representatio