Plea Filed Against Covid Drug Patent

An Indian Government organisation and a rights group of Patents have separately opposed an application of Patents in India by the US Company “Merck” for Molnupiravir; it’s the first oral antiviral agent shown to reduce by 50% Covid death or hospitalisation. Scroll down to check more information of this case regarding plea filed against Covid Drug Patent.

Plea Against Covid Drug Patent – Background of the Case

Before we discuss this case regarding filing a plea against Covid Drug Patent, let’s first understand the meaning of Patent. A Patent is a special right granted for an invention, which is a process/product that gives, in general, a new way or method of doing something or provides a new technical solution to a problem. To acquire a Patent, technical details regarding the invention should be revealed to the general public in a Patent application.

The EDC or Entrepreneurship Development Centre, a unit of the Union Science Ministry’s Department of Scientific & Industrial Research and the CPAA (Cancer Patients’ Aid Association), have argued that Molnupiravir lacks originality and invention features and, hence, doesn’t eligible for Patent registration. The Indian Law allows Pre-grant opposition against Patent Applications.

So, the Health activists said that the Pre-grant Opposition had been raised four times so far to Merck’s Patent plea in India that an inexpensive standard version of the drug will be available to middle-income nations. The health activists say that some middle-income countries have been left out of a Merck production deal with five Indian Manufacturers.

Leena Menghaney said, “The opposition, especially from a Government agency, is supportive; we foresee an immense global demand best met through low-cost standard versions”. A lawyer concentrated on access to medicines with the international humanitarian agency Medicins Sans Frontieres.

The US Drug Regulatory Authority is presently evaluating an emergency use authorisation application for Molnupiravir. Clinical trials have observed that 7.3% of Covid-19 patients who obtained Molnupiravir were hospitalised compared with 14.1% patients on placebo who died or were hospitalised.

Earlier this month, a Reuters report quoted Amesh Adalja, a senior scholar at the Johns Hopkins Centre for the Health Security in the US (United States), as saying that an oral antiviral that can impact hospitalisation risk to such a level “would be game-changing”.

Merck said it assumes to produce 10 million courses of treatment by the end of 2021, had in April 2020 announced voluntary licensing pacts with 5 Indian drug makers to permit them to make Molnupiravir for Indian and more than 100 low & middle-income countries.

Earlier this month, Reuters also reported that the Government of the US is buying 1.7 million courses of treatment at 700 dollars per course, but health activities believe the drug’s standard versions from Merck’s Indian partners will be cost at or below 20 dollars per course. However, Menghaney & others think that voluntary licenses of Merck with Indian drug manufacturers will be enough to meet the expected worldwide demand. Under the deal, Indian partners like Hetero Labs, Cipla, Dr. Reddy’s Laboratories, Emcure Pharmaceuticals, and Sun Pharmaceuticals – can supply the drugs to 104 nations.

Brazil, Eastern Europe, Argentina, and Central Asian Countries are not covered by the licenses. Menghaney said, “This is why the Patent Opposition in India becomes vital”. Additional, the opposition is in line with the Government’s own submission to the WTO (World Trade Organisation) looking for waiver of Intellectual Property^[1] on Covid-19 related treatment, diagnostics, and vaccines.

Activists think that the opposition to the Molnupiravir Patent will boost other Indian standard producers to make their versions of the medicine for India & other nations. The EDC, in its opposition, has said it serves as a “nerve centre” backing the activities of an Indian Government Task Force for repurposing drugs for Covid-19 created by the leading scientific adviser to the centre.

Conclusion – Plea Against Covid Drug Patent

The EDC, a unit of the Union Science Ministry’s Department of Scientific & Industrial Research, and the CPAA (Cancer Patients’ Aid Association) have argued that Molnupiravir lacks originality and invention features doesn’t eligible for Patent registration. The Indian Law allows Pre-grant opposition against Patent Applications.

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