Cipla, one of India's leading pharmaceutical company, has approached DIPP to revoke the patent held by Swiss firm Novartis AG for the respiratory drug Onbrez on the ground that the Swiss multinational was granted the patent in 2008 but has not been producing the drug in the country and importing the same in small quantities.
Import of limited quantities of Onbrez by Novartis has caused a shortage situation for this essential drug in the country. Onbrez is used to treat breathing problems associated with chronic obstructive pulmonary disease (COPD). As per the Cipla estimates, more than 15 million Indians are suffering from the disease.
As per the Indian Patent Act, the government has the power to revoke a patent granted to a company in the public interest after giving the patent holder an opportunity to explain why it should not be revoked.
Cipla in the meanwhile launched its own version of the drug in the Delhi market at a much lower price than Novartis on the ground that there was an urgent but unmet need for the respiratory treatment in India it..
"Cipla believes that it has the potential to manufacture adequate quantities of the drug and make the same available in the country," the company said in a statement, confirming its request to the government for the patents to be revoked.