International Law

Setback for Abbot ? IPO rejects patent application for HIV

By Kshitij

The trend of rejecting patent applications, made by multinational pharma companies, continues at the Indian Patent Office. As reported here and here, the Indian patent authorities have rejected Abbot?s patent application for its HIV drug, sold under the brand name ?Kaletra?. The rejection came in light of oppositions filed by third parties, including Initiative for Medicines, Access & Knowledge (I-MAK), a group of lawyers and scientists dedicated to increasing access to affordable medicines.

These are challenging times for our patent laws and functioning of Indian patent office. One after the other, patent applications filed by MNC giants, such as Roche, Pfizer, and Novartis, are being rejected by patent authorities under Indian patent laws. This too under reports of constant lobbying by MNCs. Some reports even suggest diplomatic pressures on Indian government from their foreign counterparts, specifically from US Department of Commerce.

It is indeed nice to observe the Indian government standing ground on the issue. Our amended patent laws provide provisions to apply stringent tests on an invention, especially on innovator drugs, before granting a patent.  6 years after the amendments, the patent laws seems to have diligently served the objective. Of course, there have been few genuine debates, hiccups, and a lot of unhappy drug companies, which is good in many ways. India is one of the few countries, where these companies do not have a free right of way, at least when it comes to obtaining patents on their innovator drugs.

Full post as published by India Law & Tech on January 07, 2011 (boomark / email).