I couldn't resist this one regarding patent discussion in India. India has been viewed with skepticism in the past as having low protection for patent holders. Now, India has greatly strengthened its patent protections but simultaneously has also raised the bar on criteria one must meet to receive that protection.
The WSJ Health Blog recounts that Glivec, Tarceva, Nexavar, and Viread have all been unable to receive patent protection in India. Some have been denied because they couldn't show improved efficacy over earlier versions, and some have been granted but generic versions have also been allowed to proceed to market.
My favorite quote in this whole discussion (as I'm sure some would agree & others would NOT)
“The U.S. would grant a patent to a piece of toilet paper,” the CEO of Indian generics maker Cipla told the WSJ. “Just because the U.S. granted a patent, doesn’t mean it should be valid.”
The likely upshot is that research based companies will remain cautious with regards to their investment plans in India. While, generics competitors would have to consider the playing field to be more open.
Posted by Bruce Lehr Feb 18, 2010
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