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Eye drug patents revoked in blow to Western firm

Published: 10 Aug 2013 - 01:56 am | Last Updated: 31 Jan 2022 - 04:45 pm

 

NEW DELHI: India has revoked patents granted to US company Allergan for two glaucoma drugs, the latest in a series of setbacks for Western firms in the country’s fast-expanding pharmaceutical market.

The patent appeal board revoked two of the California-based company’s patents on medicines for treatment of glaucoma, an illness that damages the optic nerve.

India’s laws are tougher on patent-holders than those in many other countries as it seeks to make medicines more affordable for its vast poor population.

The Intellectual Property Appellate Board ruled in a website notice posted late Thursday that the  drugs Ganfort and Combigan do not stand the “test of innovation” and are ineligible for patents.

Last week it revoked patents related to GlaxoSmithKline’s breast cancer drug Tykerb that would have delayed the launch of generic versions of the medicine for two-and-half years to 2021.

The revocations were signs of how India seeks to prevent so-called “evergreening” — when drug firms pursue patents for “incremental improvements” of their drugs to extend their patent shelf life.

India insists drugs must show “novelty” to be granted patents. Once drugs go off patent, they can be sold much more cheaply. AFP