Cipla, Roche in drug patent tussle

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After forcing multinational companies to drop anti-Aids drug prices a few years ago, Cipla is set to create history all over again - this time the company is planning to launch a patented anti-cancer drug in India. CNBC-TV18's Vikas Dandekar reports this could spark-off a new chapter in patent fights.

 

Cipla Chairman Dr Hamied is back at doing what he is best known for - his company is planning to launch cheap copies of a lung cancer drug Tarceva in India. Tarceva is a globally patented product from Swiss drug giant Roche and is one of the best treatments available for lung and pancreatic cancer.

 

Tarceva had been granted product patent in India last year and that's where the dispute lies.

 

According to sources, Cipla is convinced that Tarceva is not patentable in India and there is a strong case to oppose the patent.

 

By Indian laws, product patent or proprietary rights over drugs can be granted only to innovators for patent applications filed after 1995.

 

And so Cipla may move a post-grant patent opposition application at the Indian patent office.

 

Interestingly, Natco Pharma had objected to the product patent of Tarceva but its application was rejected and Tarceva was granted the product patent.

 

Cipla says its copy of the drug will be much cheaper than Tarceva but Roche is not giving up. Roche India head Dr G L Telang said and Vikas Dandekar quotes : "No post grant opposition has been filed so far and the act of making and marketing of the product covered by this patent by third party will amount to infringement."

 

Experts say Cipla may also use its copy of Tarceva for exports where patent laws do not restrict such drugs but in India, Tarceva is likely to open a new chapter in patent fights between Indian and multinational drug companies.