India revokes Pegasys patent

India's Intellectual Property Appellate Board (IPAB) revoked a patent covering HCV drug Pegasys peginterferon alfa-2a from Roche (SIX:ROG; OTCQX:RHHBY) on the grounds of obviousness. The patent covers the use of pegylation to improve the efficacy of interferon for HCV. In its ruling, the IPAB said prior art covering branched, pegylated proteins does not specifically mention the pegylation of interferon, but that it is "obvious to a person skilled in the art" that interferon could be successfully pegylated. The IPAB added that Roche used "conventional methods" to pegylate interferon and obtained predictable results, thereby rendering the patent "obvious." Additionally, IPAB said that Roche did not provide "adequate" evidence that Pegasys has better activity than other conjugated interferons.

In 2006, India's Patent and Trademark Office (PTO) granted Roche the patent covering Pegasys. Patient advocacy group Sankalp Rehabilitation Trust subsequently challenged the patent. India's PTO rejected Sankalp's challenge, and Sankalp appealed the decision to IPAB. Roche could not be reached for comment in time for publication. ...