23.04.2009

Tamiflu

India has rejected Gilead Sciences' patent application for its antiviral Tamiflu (oseltamivir) on multiple grounds, including obviousness. Gilead's application had been opposed by Cipla and another domestic firm, Intermed.
The decision is likely to have only a limited immediate commercial value on the domestic market for Indian generic companies, since retail sales of the product had been disallowed by the Indian government a couple of years ago and the government is the only procurer of the product.
While the Indian government could now have the option of procuring cheaper generic versions, the decision is expected to strengthen Cipla's export plans for its cut-price oseltamivir (marketed as AntiFlu) to countries where the product is not patent-protected. 

Roche, which markets Tamiflu globally, granted a sub-licence to the Indian firm Hetero Drugs to produce the drug in 2005, as part of an effort to increase availability of the product for India and other developing countries for government pandemic use.