"The decision sets a good precedent," says K K Abraham, president of Indian Network of People Living with HIV/AIDS (INP+). Similar groups had filed 13 applications with patent offices across the country opposing the multinational company's application.
"We hope that the other patent Offices in Chennai, Kolkata and Mumbai will take note of this decision, and subject other patent applications on important medicines to strict scrutiny," Abraham said.
The activists felt that the verdict, which came on June 11, was significant as it validated their complaints about the "non patentable" nature of many of the medicine patent applications.
"We have been involved in looking at the issues of women and children in the context of HIV. We opposed the patent application on nevirapine hemihydrate to ensure that it remains available for our children and to make sure that the government doesn't say it is too expensive to provide. This is important not just for us but for PLHIV across the world," said P Kousalya, president of Positive Women's Network (PWN).
"Accessing appropriate pediatric formulations of AIDS drugs is a particular problem around the world, and we hope that this decision can be a first step in making them more available," she said.
The INP+ and PWN had filed a pre-grant opposition against this patent application in March 2006. The opposition filed by INP+ and PWN had argued, among other things, that the particular application was not patentable under Indian law as it was just another form.