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news.AstraZeneca has had its European patent for the drug Nexium revoked, following an appeal from the German generic manufacturer Ratiopharm.
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The decision was made by the European Patent Office, after Ratiopharm appealed against the patent, which protected companies making cheaper generic copies of Nexium. Nexium is used in the treatment of heartburn and ulcers. The original expiry for this patent was 2014.
Ratiopharm originally challenged the “novelty and inventiveness” of the active ingredient in the Nexium patent which was previously rejected. The European Patent Office has now decided to uphold the challenge, although no reason was given for the u-turn.
AstraZeneca said that although disappointed with the judgment, it has confidence in the intellectual property portfolio protecting Nexium. AstraZeneca said its portfolio still includes process, method of use and additional substance patents with expiration dates ranging from 2009 through to 2019. In addition to these patents Nexium has data exclusivity valid to 2010 in major European markets.
AstraZeneca plans to defend and enforce its intellectual property rights protecting Nexium. Worldwide sales of Nexium reached $4.6 billion in 2005, according to AstraZeneca.