The Beijing People’s High Court today reaffirmed the patent covering the use of sildenafil citrate, the active ingredient in the impotence drug.
In a statement, Pfizer said: “We view today's decision as a confirmation of China's commitment to effective patent protection in China and will enhance the confidence of the broader business community interested in investing in China. Pfizer will continue to vigorously defend its IP rights in China.”
Today’s ruling upholds a decision by the first instance court. In June 2006 the lower court overturned the Patent Reexamination Board’s July 2004 decision to invalidate the Viagra patent.
The Board had ruled (decision number 6228) that Pfizer’s Chinese patent (94192386.X) was invalid on the grounds of insufficient disclosure.
Its decision came after a group of domestic pharmaceutical companies challenged the State Intellectual Property Office's original patent grant, claiming that the drug did not fulfil the novelty requirement. The case put China's patent regime under the spotlight, leading SIPO officials to take the unusual step of issuing a statement about the case.
Officials at the IP Office said they had overturned the patent because the drug did not conform to Article 26 of China's Patent Law. Article 26 requires patent applicants to provide a description of the drug “in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field” to manufacture it.
Today’s ruling by the Beijing High Court is the final decision in the matter, say lawyers from Peksung law firm, who advised Pfizer in its legal appeal.
However, the fight may not yet be over for Pfizer.
The Viagra patent will now be remanded to the Patent Reexamination Board for further examination of the opponents’ other grounds for invalidation. The Chinese companies have claimed that Pfizer’s patent claims lack support from the description and lack inventive step. Any decision that the Board makes in respect of these issues is again subject to judicial appeal.
