Seeking Alpha

GSK suffers patent blow in India

  • India's Intellectual Property Appellate Board (IPAB) has voided a GlaxoSmithKline (GSK) patent for the company's Tykerb breast cancer drug, although it has affirmed intellectual property on the treatment's active pharmaceutical ingredient, lapatinib.
  • IPAB's decision follows a supreme court ruling in April that disallowed patents for incremental innovation.
  • The verdict is a semi-victory for Fresenius (FMS), which had challenged the patents on the original molecule and its marketed version Tykerb, saying they lacked innovation.
  • However, the decision is the latest IP blow to Big Pharma in India, where patents granted to Novartis, Pfizer, Roche and Merck have all been invalidated in the last year or so, due to lack of innovation.
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