Johnson & Johnson Loses Key Tuberculosis Drug Patent In India, Makes Way For Domestic Generic Players

  • The Indian Patent Office rejected Johnson and Johnson's JNJ application to extend its patent on tuberculosis treatment, bedaquiline, beyond July 2023.
  • The decision paves the way for the entry of cheaper generics by domestic players.
  • Many such manufacturers have already expressed an interest in supplying the drug at more affordable prices under the WHO's pre-qualification program.
  • Janssen, a subsidiary of J&J, filed for multiple patents on bedaquiline in India, not limiting itself to the basic compound patent but also filing secondary patents to stake claims on routine improvements, a patent expert said in a TOI report.
  • Developed by Janssen, FDA conditionally approved bedaquiline for multidrug-resistant (MDR) TB in 2012. 
  • A 2018 WHO rapid communication on MDR-TB treatment guidelines prioritized bedaquiline among drugs for treatment, and in 2019, it was launched in India.
  • Indian Prime Minister Narendra Modi has committed to eradicating tuberculosis from India by 2025, as the country accounted for nearly 29% of 10.6 million tuberculosis cases worldwide, according to the WHO's 2022 Global TB report.
  • Johnson and Johnson had applied to extend its patent on the drug bedaquiline until 2027 after it was challenged by two tuberculosis survivors in Mumbai in 2019 as part of a campaign to make the drug more affordable, noted an NDTV report.
  • In response, Johnson and Johnson applied to extend its patent beyond 2023.
  • In 2020, Johnson and Johnson announced it was cutting the price of bedaquiline tablets, made available to the Stop TB Partnership in around 135 low- and middle-income countries, to $340 from $400 for a six-month treatment course.
  • The medical charity Doctors Without Borders (MSF) welcomed that decision at the time but said the price should come down further and be extended to more countries.
  • Price Action: JNJ shares are down 0.25% at $150.75 during the premarket session on the last check Friday.
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