[Ip-health] University of California presses Delhi High Court to grant patent on Xtandi, an expensive prostate cancer drug

Jamie Love james.love at keionline.org
Sun Mar 5 10:54:55 PST 2017

The University of California is seeking to expand the Astellas monopoly on
this drug.  At present, India generic manufacturers can provide more
affordable versions.



HC seeks reason for denial of prostrate cancer drug patent
Sun, 5 Mar 2017-12:50pm , PTI

The Delhi High Court has asked the Centre to explain on what basis the
Indian patent office has rejected the application by the Regents of
University of California seeking a patent for its prostrate cancer drug.

"How does the official (of patent office) substantiate his order? What is
the evidence based on which he passed the order," Justice Sanjeev Sachdeva

It also issued notice to the Centre and sought its reply by May 2.

The university, which claims to have invented the drug Xtandi, used in
treatment for prostrate cancer, has claimed that it has been granted patent
for its innovation in over 50 jurisdictions across the world since 2007.

The varsity has said that though the drug has received approval for being
marketed in India, the plea for a patent was rejected on the ground that
there was no innovative step without mentioning the evidence based on which
the finding was arrived at by the patent office.

Japan's Astellas Pharma, which has the rights for marketing the drug
outside the US, sells the medicine in India at a price of Rs 3.35 lakh for
a pack of 112 capsules for a month's dose.

The university, represented by senior advocate P Chidambaram, has contended
that its application filed in 2007 for a patent was rejected in November
last year merely on the ground of opposition by some competitors.

Even the evidence submitted by the varsity in support of its claims was not
considered or referred to in the order rejecting the application, it has

It has sought that its patent application be remanded back to the authority
for consideration of the evidence submitted by it in support of its claim.

(This article has not been edited by DNA's editorial team and is
auto-generated from an agency feed.)


James Love.  Knowledge Ecology International
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love

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