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

Cookies Settings

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

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article