Bayer loses patent in Indian compulsory licence

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Bayer loses patent in Indian compulsory licence

India’s Controller of Patents has issued a compulsory licence over a cancer-treating drug, sorafenib, whose patent is held by Bayer

The decision, published today, means that Indian generic drug maker Natco will be able to produce a version of sorafenib, which is used to treat kidney and liver cancer, for sale in India.

Natco had applied for a compulsory licence under section 84 of the Patent Act. It cited three grounds: (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or (b) that the patented invention is not available to the public at a reasonably affordable price, or (c) that the patented invention is not worked in the territory of India.

All three grounds were upheld in the decision signed by the outgoing head of India’s IP Office, PH Kurian.

A spokeswoman for Bayer told Managing IP that the company was disappointed with the decision and will now evaluate its options to defend its IP rights.

But it was welcomed by Médecins Sans Frontières, which campaigns for better access to medicines. It said the decision sets an important precedent.

“It means that new medicines in India that are now under patent – including some of the newest HIV medicines – could potentially have generic versions produced for a fraction of the cost, making them more affordable, and widening access to those who need it most,” the group said.

The licence requires Natco to pay a royalty rate of 6% of the net sales of the drug and the licence is in force for the remaining term of the patent.

more from across site and SHARED ros bottom lb

More from across our site

Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Gift this article