MUMBAI, Aug 2 (Reuters) - India's patent appeals board hasrevoked a patent granted to GlaxoSmithKline Plc's breastcancer drug Tykerb, which is a salt form of the originalcompound, lapatinib.
However, the Intellectual Property Appellate Board (IPAB)upheld a patent granted to the original compound, or activepharmaceutical ingredient, citing innovative merit.
Fresenius Kabi Oncology, the Indian unit of Germanhealthcare group Fresenius SE, had challenged patentsgranted for both the original molecule and it's marketed versionTykerb, saying both molecules lacked innovation.
"We are studying the IPAB's decision but maintain our beliefin the inventiveness of the lapatinib ditosylate salt and willconsider the possibility of taking further steps before theappropriate authorities to validate this," the Indian unit ofUK-based GSK said in an email to Reuters on Friday.
The IPAB orders for both the patent disputes were uploadedon its website late on Thursday.