IPO Rejects Patent Application For Xtandi (Prostrate Cancer Drug)

Introduction:

The India Patent Office in its order issued on 18th November 2016¹, has denied a patent for the prostate cancer drug sold under the brand name Xtandi (generic name Enzalutamide). Xtandi was developed at the University of California, Los Angeles (UCLA) (Applicant) for fighting prostate cancer which is commercially sold in India by ASTELLAS PHARMA. The drug is currently sold at Rs 3.35 lakh² for a pack of 112 capsules normally to be taken by a patient in a month's time, accordingly, which amounts to Rs.11,000 approximately per day.

The provision of pre-grant opposition under Indian Patents Act enables any person to file notice of opposition on Form 7A at the Indian Patent Office (IPO) after the publication of an application for patent. Therefore, by way of pre-grant oppositions any person can assist the Controller of Patents in evaluating the application for patent. IPO has seen a surge of pre-grant opposition, especially in pharmaceutical applications