Indian Patent office reject AIDS drug patent of Boehringer

The Indian Patent Office has rejected a patent application filed by multinational pharma company Boehringer Ingelheim on paediatric form of anti-AIDS drug nevirapine, which is a landmark judgment on patent which would definitely benefit HIV patients.
Nevirapine is an important anti-retroviral drug and invented in 1989, hence the drug was not patentable in India according to the Patent Act 1970. The Indian Patents Act contains some important safeguards designed to ensure that "frivolous patent applications are not granted at the cost of public health. These include section 3(d) of the Patents Act, which prevents "new forms, mere use, combination, complexes mixtures" of known substances from being patented unless there is a significant improvement in efficacy, and section 3(e) of the Act, which prevents "mere admixtures" of substances from being patented.

The company was trying to claim a patent on the syrup form of nevirapine, which is particularly important for children living with HIV who are unable to swallow tablets. This is the first decision from the Patent Office on the 13 patent oppositions filed by public health groups against AIDS drugs, and will set an important precedent for the pending patent applications, industry expert pointed out.

If the patent had been granted, price would have increased for children suffering from AIDS. In May 2006, the Indian Network of People Living with HIV/AIDS (INP+) and the Positive Women's Network (PWN) had filed a pre-grant opposition against the company's application.