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

After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Gift this article