Pharma major Pfizer has received two process patents related to its
blockbuster drug etanercept, sold under the brand name Enbrel in several
countries including
the United States of America, by winning against pre-grant oppositions filed by
Mylan and Biocon.
The
decision was taken on two patent applications, one for production of polypeptides
and another for production of TNFR-Ig Fusion Protein. Both applications
were filed by Pfizer Ireland Pharmaceuticals in 2007 to process patents
for Etarncept, legal sources close to the development said.
The
drug is a biopharmaceutical aimed at treating autoimmune diseases including rheumatoid arthritis,
psoriatic arthritis and plaque psoriasis.
Mylan Laboratories and Biocon Ltd had filed pre-grant oppositions witih the Indian patent office, seeking it to refuse Pfizer's claims on
the grounds that mere
application does amount to invention.
Biocon,
for its part, argued that the inventions were obious, and thus not patentable.
There is a lack of sufficient disclosure and the applications were an attempt to secure multiple patents for the
same invention, it said further.
These
oppositions were however dimsissed by the Assistant Controller of Patents and
company recorded sales from
other markets for the drug, according
to reports.
The
order comes at a time when Enbrel, one of the top selling drugs of Pfizer, is
expected to face the threat of biosimilars in the US and European market, said
reports.
According
to compnay's acnnual records, Enbrel had in 2015 earned a revenue of $3.33
billion, following closely the $6.24 billion Prevnar family and the $4.83
billion Lyrica.
