The Intellectual Property Appellate Board (IPAB) has revoked a patent granted to Roche for Pegasys — a medicine used to treat Hepatitis C. This is done as a follow up on appeal filed by Sankalp, an NPO, challenging the rejection of its post-grant opposition against the patent by IPO in 2009.
The drug was patented in India by Roche in 2006. Patients with chronic Hepatitis C need a six-month course of Pegasys (pegylated interferon alfa2a ). Its cost is over Rs 4.36 lac ($8,752). It is to be taken in combination with ribavirin, which costs Rs 47,160 ($947).
This is the first post-grant opposition case in India. The Board also held that a patient’s group can challenge the validity of patents granted earlier.
The entry of generics will lower the prices.