Local Pharmaceutical Company Sues Bayer Over Medical Patent

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Local Pharmaceutical Company Sues Bayer Over Medical Patent 

 

PT. Pratapa Nirmala, a pharmaceutical company based in Jakarta, has filed a civil suit against Bayer. The main subject of the dispute concerns a patent owned by the German company: Patent numbered IDP000029094titled “Prevention and Treatment of Thromboembolic Disorders”.

As detailed in the suit, PT. Pratapa Nirmala insists for the Patent in question to be canceled, on the grounds that it doesn’t comply with certain stipulations of Indonesian Patent Law. First, the Plaintiff claims that Bayer’s Patent does not possess the qualities required by Article 5 of Indonesian Patent Law– namely novelty, inventive steps and industrial applicability. Furthermore, the Plaintiff claims that Bayer’s Patent is also not in accordance with Article 9 of Indonesian Patent Law. The Article stipulates that any method of examination, treatment, medication, and/or surgery applied to humans cannot be granted a patent. PT. Pratapa Nirmala believes that Bayer’s Patent concerns medication methods for humans, therefore should not be patentable.

The detailed petitum in the suit are as follows:

  1. Granted the Plaintiff’s Claim in its entirety;
  2. Declare that the Defendant’s invention was given Patent Number. IDP000029094 with the title “Prevention and Treatment of Thromboembolic Disorders” did not have the qualities of novelty, inventive step and industrial applicability at the time the patent application was granted on July 25th, 2007
  3. Declare that the Defendant’s invention was given Patent Number. IDP000029094 entitled “Prevention and Treatment of Thromboembolic Disorders” is a treatment method applied to humans, thus included in the category of inventions that cannot be patented;
  4. Declare the invalidation of Patent Number. IDP000029094 on behalf of the Defendant with the title “Prevention and Treatment of Thromboembolic Disorders” for all of his claims with all the legal consequences;
  5. Ordered the Co-Defendant to obey and comply with Central Jakarta Commercial Court decision by carrying out the contents of the decision, namely recording and announcing the invalidation of Patent Number. IDP000029094 with the title “Prevention and Treatment of Thromboembolic Disorders” on behalf of the Defendant;
  6. Require the Defendant to pay court costs incurred in this case in accordance with the law.

Conclusion

The ethics behind what is patentable can be a highly contentious topic. The main goal of Patent Law (and by extension, all laws concerning IP) is to reward and protect creators, which sometimes could go against the interest of the masses. What ethically should be beyond the scope of Patents? Do Patents sometimes hinder progress? Such difficult questions have recently penetrated public discourse due to the Covid-19 pandemic. The unprecedented and pressing nature of the phenomenon increased calls to “waive” vaccines patents, in order to fasten and quickly broaden its distribution.

The case involving PT. Pratapa Nirmala and Bayer are registered at the Central Jakarta Commercial Court with the first trial due this week. We will closely watch this case as it develops. In the meantime, if you need IP services yourself, do not hesitate to contact us via ambadar@ambadar.co.id. We will provide the most appropriate solutions, according to your situation.

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