Bayer loses patent in Indian compulsory licence
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

External investor-controlled IP firms have both downsides and upsides, so they don’t deserve all the flak they get
Andrew Blattman, CEO of IPH, tells Managing IP what’s next for the group in Canada and how it navigates issues such as conflicts and cost efficiency
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
In-house counsel explain how they develop or maintain 'IP-aware' cultures at their companies and how private practice lawyers can help
Josh Budwin, principal at the firm, said the case was one of the most complex technology disputes he's ever worked on
For the latest article in our regular series covering UPC developments, we summarise five rulings and highlight what’s expected later this month
John Keville, partner at Sheppard Mullin, explains how he secured a patent subject matter eligibility victory for his client against GoPro
An IP partner at Womble Bond Dickinson explains how its combination with Lewis Roca will create a fully-rounded litigation and prosecution service
Ronen Speyer of Evalueserve explains why in a competitive business landscape, IP has become a key driver in gaining a competitive advantage
Michael Sharp, who moved to Canadian firm Field Law from Aurora Cannabis in June, said he is enjoying cross-practice collaboration at his new firm
Gift this article