An Asthma drug known as Spiriva was annulled by India’s
patent office after the patent infringement lawsuit filed by pharma giant Cipla
against a German major Boehringer Ingelheim. The patent was cancelled on basis
of missing inventive steps lack of demonstration of therapeutic efficacy and the
requirement of Section 3(d).
According to legal experts it is a major landmark case as the revocation of the
patent took place after it was
granted to the German corporation,
Section 3 (d) of the patent act emerged out to be an important savior specifically for pharma
and chemical industries, which disallow
grant of patent to new form of existing substances unless the new form shows out enhanced efficacy over the known substance.
When contacted to BI spokesperson he stated that Boeheringer
Ingelheim Indian patent related to Spiriva had been previously granted and all
other patent requirements had been confirmed by the patent office. Boehringer Ingelheim will be evaluating
the basis for the recent decision once the reasons are available.
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