Issue Date: November 12, 2012
India Busts Another Western Drug Patent
India’s Intellectual Property Appellate Board has sided with a local nonprofit organization and decided that Roche’s patent on the hepatitis drug Pegasys is not valid in India. The board’s decision reverses a 2007 ruling by the Controller General of Patents, Designs & Trademarks. The appellate board explained that the Roche drug lacks inventiveness because anyone familiar with the scientific literature when Roche patented it could have invented an identical treatment. Known generically as PEGylated interferon alfa-2a, Pegasys is an antiviral that uses polyethylene glycol to enhance the half-life of interferon.
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