Delivering another blow to MNC drug majors, the Indian patent office has revoked US-based Pfizer's patent for cancer drug Sutent in India. The patent office has rejected Pfizer's claim for the patent over Sutent, saying Pfizer's patent does not involve any inventive step. The post-grant opposition was filed by Mumbai-based Cipla and Natco Pharma. Against the decision, Pfizer India will appeal before Intellectual Property Appellate Board (IPAB).
Pfizer, which was granted a patent for its kidney cancer drug Sutent (sunitinib) in India in 2007, launched the drug at a price of Rs 1.96 lakh for a 45-day treatment.
On Thursday, shares of Cipla went down 3.86% or Rs 14.7 to close at Rs 366.4 on Bombay Stock Exchange.
Cipla officials were unavailable for comments. However, Pfizer India said the company will appeal patent office's decision before IPAB. In a statement, Pfizer India said that patent office's decision has raised concerns over India's commitment to protect intellectual property.
Jazz Tobaccowalla, Managing Director Pfizer India, said, “We believe the decision undermines intellectual property rights in India and we will vigorously defend our basic Sutent patent. Recognizing that affordability of cancer treatment can be a challenge for some patients, Pfizer India has developed the Sutent Patient Assistance Program (SPAP), which has been running in India for over four years.”
Last month, Delhi High Court had dismissed a patent infringement case filed by Switzerland's Roche Holding AG over Cipla's cancer drug Erlocip. By ruling in favour of Cipla, court noticed that there is no infringement of Roche's patent. Roche accused Cipla of infringing its patent on cancer drug Tarceva, which Cipla sells as Erlocip.
Natco Pharma had challenged patent of Bayer AG and had won India’s first compulsory licence for making and selling a generic version of Bayer AG’s patented cancer drug Nexavar this year.
