[Ip-health] Wall Street Journal: Pfizer India: Patent for Cancer Drug Sutent Revoked

Thirukumaran Balasubramaniam thiru at keionline.org
Tue Oct 9 00:24:18 PDT 2012

	• October 5, 2012, 7:56 a.m. ET
Pfizer India: Patent for Cancer Drug Sutent Revoked


BANGALORE--Pfizer Ltd. the Indian unit of U.S. drug maker Pfizer Inc., Friday said its local patent for cancer drug Sutent has been revoked.

"We believe the decision undermines intellectual property rights in India and we will vigorously defend our basic Sutent patent," Managing Director Jazz Tobaccowalla said in a statement.

The company said it will appeal the patent office's decision before the Intellectual Property Appellate Board.

The decision follows a "post-grant opposition" to the patent filed by Indian generic drug maker Cipla Ltd. Indian law permits such a filing within 12 months of a patent being granted.

The Sutent case is another setback for multinational pharmaceutical companies which say India isn't doing enough to protect their intellectual property.

Earlier this year, the patent office ordered Germany's Bayer AG to issue a license allowing an Indian generics company to copy its patented cancer treatment Nexavar and market it at one-thirtieth the cost. Bayer has likewise taken its appeal to the Intellectual Property Appellate Board.

Novartis AG has been trying to patent its cancer drug Glivec in India since having its application rejected in 2006. Its appeal is pending at the Supreme Court.

The patent office also has rejected an application from U.S.-based Gilead Sciences Inc. for its HIV medicine Viread; and Switzerland's Roche Holding AG  has been unable to obtain a court order prohibiting the sale of copies of its cancer drug Tarceva.

Write to Rumman Ahmed at rumman.ahmed at dowjones.com


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

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