High Court seeks reason for rejection of prostrate cancer drug patent

New Delhi, March 2017:

The Delhi High Court has asked the Centre to explain on what basis the Indian patent office has rejected the application by the Regents of University of California seeking a patent for its prostrate cancer drug.

"How does the official (of patent office) substantiate his order? What is the evidence based on which he passed the order," Justice Sanjeev Sachdeva asked.

It also issued notice to the Centre and sought its reply by May 2.

The university, which claims to have invented the drug Xtandi, used in treatment for prostrate cancer, has claimed that it has been granted patent for its innovation in over 50 jurisdictions across the world since 2007.

The varsity has said that though the drug has received approval for being marketed in India, the plea for a patent was rejected on the ground that there was no innovative step without mentioning the evidence based on which the finding was arrived at by the patent office.