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

Cookies Settings

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

The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
Gift this article