India rejects Pfizer’s patent application for cancer drug

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

India rejects Pfizer’s patent application for cancer drug

The Patent Controller has rejected the international pharmaceutical company’s application for lack of inventive step, reports The Business Standard

Monday’s holding is the second time that the Patent Office has ruled against Pfizer’s patent for its Sutent (sunitinib) anti-cancer drug. Last October, the Patent Controller made a similar finding after domestic generic manufacturer Cipla filed a post-grant opposition to the patent (patent number IN209251). An appeal to the Supreme Court reinstated the patent with orders for the Controller to rehear the matter.

Pfizer had also filed for an injunction with the Delhi High Court to stop Cipla’s sale of its generic version, which costs roughly one-fourth of Pfizer’s Rs196,000 ($3600) price for a 45-day treatment. The Delhi High Court stayed its hearings pending the Patent Controller’s ruling.

A spokesperson for Pfizer says that the company plans to appeal, and that it “remain(s) concerned about the environment for innovation and investment in India”.

Cipla was represented by Singh and Singh.

Pfizer has faced multiple challenges to its Sutent patent. In 2008, it successfully withstood an application by Natco for a compulsory licence on the grounds that there was a public health crisis in Nepal.

Natco later became the first company to receive a compulsory licence in India after it received one last March for Bayer’s Nexavar (sorafenib), a drug for treating kidney cancer.


For more on this case and what it means for pharmaceutical patents in India, come to Managing IP's India IP and Innovation Forum in New Delhi on March 7.

more from across site and SHARED ros bottom lb

More from across our site

With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Gift this article