Roche loses patent opposition in India

01 June 2010

In another blow to multinational pharmaceutical companies in India, the Chennai Patent Office has invalidated a key patent owned by Swiss drug maker F Hoffmann La Roche, allowing generic competitors to enter the market

Peter Ollier, Hong Kong

In the May 5 decision, S P Subramanian, the assistant controller of patents and designs, said that the patent covering Valcyte (valganciclovir hydrochloride) lacks inventive step and does not demonstrate significantly improved efficacy over previous compounds, as required by India's patent law.

Valcyte is used to prevent infection in people who have undergone organ transplants and in people who suffer from HIV/AIDS.

"This decision raises the huge question of how credible is a patent grant in India – should the courts take a presumption of validity or not?" said Abhai Pandey, of Lex Orbis in New Delhi.

The Chennai Patent Office granted patent (no 207232) on June 29 2007. Six parties, including Indian generics companies Ranbaxy and Cipla and three organisations campaigning for the rights of people with HIV and AIDS, filed a post-grant opposition.

The opponents made a series of claims, including that the invention...

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