Boehringer Ingleheim’s Spiriva Patent Thrown Out in India

India’s patent office sided with a challenge from generics maker Cipla and struck down a patent protecting Boehringer Ingleheim’s blockbuster COPD drug Spiriva.

A Delhi patent office controller found that the Spiriva (tiotropium bromide) patent was obvious for other drugmakers to try and insufficiently novel to warrant intellectual property protection, according to a recent decision. India-based Cipla first challenged the patent in 2013.

Cipla says it has been marketing its own version of Spiriva, used to treat chronic obstructive pulmonary disease, under the brand name Tiova since 2003.

Boehringer reported about $3.7 billion in worldwide sales from Spiriva in 2013, according to the company’s most recent annual report. The German brandmaker did not respond to a request for comment by press time.

The decision comes amid ongoing scrutiny of India’s patent system and pressure from U.S. and other brandmakers for the country to refashion its intellectual property protections in a way that better conforms to international standards.

See the decision here: www.fdanews.com/03-13-15-SpirivaPatentDecision.pdf. — Bryan Koenig