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

Ruth Hoy will join the firm's IP practice alongside Huw Cookson, who will also become a partner
IP boutique firm says its platform will help navigate ‘scattered’ decisions by bringing case law, commentary and research under one umbrella
The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Lawyers at Pinsent Masons discuss why the advent of ‘AI-free’ might be a crucial moment for brands seeking to protect their identity
Newly independent King & Wood has established offices in North America, while Mallesons has entered a ‘new era’ with a 1,200-lawyer firm across Australia and Singapore
Ryan Dykal and John Wittenzellner of Boies Schiller Flexner tell Managing IP what’s driving the firm’s patent litigation expansion
Gift this article