Now cipla is ready for launching the copycat version of lung cancer drug, Tarceva in India which was first introduced by Roche, a global Pharma leader. Roche has got the patent for product in India by overcoming the pre-grant opposition filed by Hyderabad Based Company Natco Pharma. The patent had been granted after scrutinizing the relevant prior arts, Delhi patent office had denied for grant of this patent application, but later on Chennai patent office had granted.
Cipla has got the marketing approval for the product and said that they will challenge the patent claming “its original invention dates does not justify for patent here” and will file post-grant opposition. Erlotinib, a generic name for Torceva is a derivative of gefitinib which is a pre-1995 invention. Many patent experts speculate that the patent for erlotinib does not qualify definition of the patent according to the Act 2005.
Roche may file a litigation suit against Cipla for recovering her damages. If later on, patent for erlotinib gets invalidated on the basis of that the derivative of a drug which exists pre-1995 does not qualify for patent, then what would be the impact of this decision upon other MNCs? Does this mean that “MeToo” are not patentable in India? If the decision goes in favour of Cipla then it would be great success story for the Indian Pharma company
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