Group Moves To Thwart Tamiflu Patent In India

Law360, New York (February 27, 2006, 12:00 AM EST) -- Under India’s new patent laws allowing public opposition to patent grants, a Bangalore-based public interest group is preparing to file a pre-grant opposition to Roche’s Tamiflu, one of two drugs used to treat avian influenza.

The group, backed by India’s Alternative Law Forum, plans to oppose the patent on the basis of a molecule that is similar to an existing antiviral product marketed before 1995, the Economic Times reported this week.

Indian patent law dictates that molecules holding patents dated pre-1995 cannot be eligible for product...
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