The re-hearing in the post grant opposition against the patent granted to Roche for Pegasys (Peg intergferon alpha 2B), a key drug used for hepatitis-C treatment, will be held by the Intellectual Property Appellate Board (IPAB) in Chennai on September 6. The post grant opposition on this case was filed by Sankalp Rehab Trust.

The two-member bench, which is hearing the case include Justice Prabha Sridevan and DPS Parmar, Technical Member (Patents). While Anand Grover will be appearing for Sankalp Rehab Trust, a patient group challenging the validity of the Pegasus patent, Rahul Balaji will be appearing as counsel for patent firm, De Penning and De Penning, which is representing Roche in this matter.

The crucial hearing on the case was held by the IPAB on two days on July 30 and 31. As the argument in the case was not complete, the hearing was adjourned for September 6. The case is crucial for the civil society as the treatment for hepatitis-C is currently very expensive and out of reach of people due to the patent on this drug.

The outcome in the case is keenly watched by the civil society as well as others as the case is significant because in spite of recent advances in the treatment of hepatitis C virus infection, many people in Asia struggle to access it, due to the limited availability of generic pegylated interferon – a key component of effective treatment regimens.

According to civil society groups working in the health sector, the re-hearing of the patent challenge is an opportunity to create access to a medicine that is critical for the survival of HIV-hepatitis C co-infected people.  Resource-limited Asian countries cannot procure patented pegylated interferon at the current pricing, which drastically hampers their ability to respond to hepatitis C infection on a national level.

Given that the Indian Parliamentary Standing Committee on Health and Family Welfare has already recommended in its 57th report that the country should boost local production of hepatitis medicines and use existing health safeguards in the patent law to reduce medicine prices, advocates and patients alike are ready to see the patent restrictions lifted now, civil society groups said.