HIGHLIGHTS OF A CHENNAI PATENT OFFICE CASE
1. DNP+, a support group of HIV/AIDS patients challenged the patents given to Roche, a pharma company for a drug, Valganciclovir. The drug is primarily used as treatment and prevention of an infection caused by cytomegalovirus (CMV) in organ transplant patients, a highly lucrative market which Roche has sought to defend by patenting the medicine. But CMV also affects people living with HIV, and if left untreated, can cause blindness and death.
2. The patent enabled the Company to charge exorbitant prices for the drug making it unaffordable for the most of the patients.
3. They alleged that the drug lacked novelty, inventive step (bases for granting of patent) and that it was a new form of an old drug.
4. The Indian Patent Office in Chennai set aside the patent granted to the Company.
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