GSK breast cancer drug patent revoked in India

2nd Aug 2013 14:36

A patent for GlaxoSmithKline's (GSK) breast cancer drug Tykerg has been rescinded in India, according to Reuters on Friday.It comes after a court ruling in the country disallowing patents for incremental innovations.India's Intellectual Property Appellate Board (IPAB), however, upheld a patent granted on the original compound, or active pharmaceutical ingredient, lapatinib, due to innovative merit.A GSK spokesman said its medicine would therefore remain subject to patent protection until 2019. The extra patent on the specific salt of lapatinib used in Tykerb would have lengthened the protection to 2021 but it was rejected.GSK had reduced prices of Tykerb by about a third in India in an effort to make important drugs more affordable in emerging markets. A strip of 10 Tykerb tablets costs about 4,160 rupees in India.The company will be allowed to make appeal on the decision to India's Supreme Court."We are studying the IPAB's decision but maintain our belief in the inventiveness of the lapatinib ditosylate salt and will consider the possibility of taking further steps before the appropriate authorities to validate this," the Indian GSK unit said in an email on Friday."We are pleased that the IPAB in India has upheld our basic patent for the lapatinib compound, the active ingredient in Tykerb." GSK said. The news follows reports GSK was under investigation on accusations of bribing doctors in China to prescribe its drugs. RD