SupremeCourt

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Tuesday, November 13, 2012

Estimating the number of Hepatitis patients treated by Roche's Pegasus

Posted on 12:43 PM by Unknown
As Shamnad had earlier blogged, Roche’s patent on Pegasus now stands revoked by the IPAB. As discussed by Shamnad, the Pegasus patent is interesting for a multitude of reasons: it was the first pharmaceutical product granted to Big Pharma in India, it was the first biological to get patent protection and most importantly, there is no generic manufacturer of Pegasus. 

What I find more interesting is estimate of the patient population infected with Hepatitis C virus. As per media reports India has a population of over 10 to 12 million citizens infected with the Hepatitis C virus, which Pegasus is supposed to treat. 

If our readers may remember, back in 2010, we had published a limited number of Form 27s for pharmaceutical patents. You can read those posts over here. Form 27 basically requires all patentees to disclose to the Patent Office the degree and extent to which their patented inventions are being worked i.e. the quantum of sales. 

For the Pegasus patent, Roche revealed (p. 10) that, in 2009, it had sold a total of 44,432 packs in India for a sum of Rs. 42,63,89,000 (Rs. 42.63 crores). Initially, I was under the impression that 44,432 packs meant that at-least 44,432 patients were being treated with Pegasus but that is not the case. The Pegasus treatment seems to be long drawn and it is likely that each patient requires more than one pack. I couldn’t find the exact number of packs required per patient but there is another way to come to a rough estimation and that is by dividing the total income from sales of Pegasus by the cost per patient. 

From the information available it appears that the entire cost of Pegasus per patient is at Rs. 4,36,000 (Rs. 4.3 lakhs) but is also available for a discounted figure of Rs. 3,14,496 (Rs. 3.14 lakhs). So dividing the total sale (Rs. 42.63 crores) by the cost per patient (at the discounted price of Rs. 3.14 Lakhs), you get a grand total of 1,355 patients. Remember, this is a rough estimate. 

Image from here
Going back to the the number of Hepatitis C patients in our country: 10 million to 12 million. Roche was thus able to sell it drug to a mere 0.01 percent of the target market. Remember, Roche had a monopoly on this drug – it had no competition. Yet it was able to serve only 0.01 percent of the market. So what did the remaining 99.99% of the patients do? My guess is that there are several other Hepatitis drugs out there which were priced much more competitively than Roche’s Pegasus which is priced at Rs. 3.14 lakhs i.e. several times more than the annual per capita income of the average Indian. 

All this brings us back to the question of differential pricing. It’s tragic when a patient chooses his or her treatment according to the cost of the drug but as we’ve seen earlier with the Tykerb example, the sales of the drug literally doubled when the price of the drug was cut in half. The market for life-saving drugs should be relatively inelastic but not so in India. 

Going back to the issue of differential pricing, the entire business model in India should be to recover costs and make profits by selling the drug at a lower price but in huge volumes. What better example than Pegasus? If you are looking at a target population of 10 million patients, the volumes speak for themselves. 10 million is more than the population of some European countries combined. 

It’s a tragedy that companies like Roche are so slow on the learning curve, especially since they take so much pride in their capacity to innovate. From the way I see it companies like Roche need an entire managerial revamp. Most of the Big Pharma subsidiaries in India are relics of the past, an old boys club with a management that first joined these companies when they were created in the seventies and eighties. Its time Big Pharma revamped their managements with younger blood that is more attuned to the complexities of the Indian market.
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in Differential Pricing, Indian Pharma | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • IPAB on Payyannur Ring
    [*S lightly long post] Background: The Intellectual Property Appellate Board (“ IPAB ”), in its recent order in SubhashJewellery v. Payyan...
  • Satyajit Ray's sketches and copyright controversies
    A copyright row appears to have started between the Satyajit Ray Society and the Delhi Art Gallery, that is organising a countrywide exhibit...
  • Ghost Post: Samsung v. Apple Presidential Enforcement Veto
    SpicyIP subscribers recently received a short blurb from Shamnad on this FT article regarding the hypocrisy of stamping 'national inter...
  • Dorling Kindersley v. Sanguine Technical Publishers
    A recent Delhi High Court order passed on 21 January, 2013  with respect to copyright licensing has come to our notice. An analysis of the j...
  • SpicyIP Tidbit: ALCS August Distribution
    In the UK, the Authors' Licensing and Collecting Society is an organization run and owned by writers that collects money due to its mem...
  • Delhi HC rejects the "Hot News" Doctrine: A Summary
    The applicability of the Hot News doctrine was rejected recently in a landmark ruling delivered by Justice Bhat of the Delhi HC. This post i...
  • IP Research Assistant position at IIT, Madras
    Feroz Ali Khader, MHRD IP Chair at the Indian Institute of Technology (IIT) Madras, is looking for research assistants to work on various is...
  • Thalappakatti biryani trademark row
    The southern district of Dindigal in Tamil Nadu occupies a special place in the hearts of biryani lovers. In the late 1950s, one Nagasamy N...
  • SpicyIP Tidbit: GI for Pedana Kalamkari Art Form
    Image from here Recently, as The Hindu reports , Pedana Kalamkari art form received GI protection. Members of Vegetable Dye Hand Block Kalam...
  • Loss of an IP Leader: RIP Prof Daruwalla
    Most in the Indian IP firmament may have heard of the doleful demise of one of our IP leaders, Mr. Tehemtan Nasserwanji Daruwalla. He was an...

Categories

  • 126 (1)
  • 3(d) (4)
  • 3(f) (1)
  • 3(i) (1)
  • 3(k) (2)
  • Academic Writing (1)
  • access (10)
  • access to food (1)
  • access to health (3)
  • AIA (1)
  • AIDS/HIV (3)
  • Antitrust (2)
  • Bajaj v LML (1)
  • Basmati Row (2)
  • Biological Diversity (5)
  • Biologics (2)
  • biopiracy (4)
  • biotech (7)
  • Bollywood (25)
  • Broadcasters Rights (5)
  • Budget (1)
  • business method patent (2)
  • Call for papers (2)
  • Cipla (2)
  • Comparative Advertising (4)
  • Competition law (8)
  • Compulsory Licensing (27)
  • condonation of delay (1)
  • Conference (4)
  • Constitution (12)
  • Contracts (1)
  • Controller's decisions (8)
  • Copyright (112)
  • Copyright Amendment Bill 2010 (23)
  • copyright board (4)
  • Copyright Exceptions (6)
  • copyright office (1)
  • Copyright Rules (2013) (5)
  • Copyright Societies (9)
  • Counterfeiting (1)
  • creativity (1)
  • Cross Retaliation (1)
  • csir (4)
  • d (1)
  • D.U. Photocopy Case (16)
  • Darjeeling Tea (3)
  • Data Exclusivity (2)
  • Database (1)
  • DCGI (2)
  • decompilation (2)
  • defamation (9)
  • Designs (3)
  • Designs Act (3)
  • Differential Pricing (2)
  • Dilution (1)
  • Disabilities (3)
  • Disability (2)
  • DMCA (2)
  • Doha Declaration (1)
  • Domain Names (2)
  • Draft Policy of the Indian Government (2)
  • DRM (1)
  • Drug Regulation (7)
  • education (12)
  • Enercon (1)
  • Enforcement (1)
  • EU (2)
  • ex parte (2)
  • exhaustion (3)
  • Exhaustion of Rights (2)
  • Fair Dealing (8)
  • Fair Use (11)
  • Federal Circuit (1)
  • Fees (3)
  • FICCI (7)
  • FRAND (2)
  • free trade agreement (3)
  • FTA (3)
  • G.I. Registry (4)
  • gene sequences (3)
  • Generic medicine (4)
  • Geographical Indication (14)
  • Gilead (1)
  • Glenmark (5)
  • Gopika (34)
  • Guest post (11)
  • guidelines (1)
  • GWU-CII (1)
  • Herceptin (1)
  • hot news (3)
  • ICANN (1)
  • incremental innovation (1)
  • independence (1)
  • india (5)
  • Indian Government (1)
  • Indian patent litigation (27)
  • Indian Pharma (35)
  • Injunction (10)
  • Innovation (7)
  • INTA (1)
  • Intermediaries (10)
  • internet (11)
  • Internet Access Providers (IAPs) (5)
  • Internet Censorship (7)
  • IP scholarship (3)
  • IP aware (4)
  • IP Course (3)
  • IP Education (1)
  • IP Policy (11)
  • IP update (4)
  • ip writing competition (1)
  • IPAB (34)
  • ipchair (1)
  • IPO (1)
  • IPRS (5)
  • IT Act (1)
  • Journal (2)
  • judicial independence (3)
  • Jurisdiction (1)
  • Kruttika (4)
  • Legal Education (3)
  • Legal Research Tools (1)
  • Legal Scholarship (2)
  • library (2)
  • Licensing (7)
  • Madhulika (20)
  • mathematical methods (1)
  • Media law (3)
  • medical method (1)
  • Merck (4)
  • mhrd ip chair (1)
  • Microsoft (3)
  • Middle Path (1)
  • Moral Rights (2)
  • Movies (18)
  • musical work (2)
  • nanotechnology (1)
  • Natco (3)
  • natco defamation suit (5)
  • natco vs bayer (4)
  • need for transparency (1)
  • Novartis (8)
  • Novartis patent case in India (11)
  • NPEs (2)
  • nujs (1)
  • NUJS Conference (2)
  • Obituary (1)
  • obviousness (7)
  • Off-Topic (2)
  • online course (4)
  • Open Access (6)
  • Open Source (2)
  • Opposition (3)
  • Parallel Imports (4)
  • Parliament (1)
  • passing off (5)
  • Patent (52)
  • Patent act (10)
  • patent agent (5)
  • patent agent exam (9)
  • patent agent exam qualifications (3)
  • patent infringement (5)
  • Patent Licensing (2)
  • Patent litigation (2)
  • Patent Office (19)
  • patent pool (3)
  • Patent Prosecution (7)
  • Patent rules (2)
  • Patent Strategies (8)
  • Patents (9)
  • pegasus (1)
  • Personality Rights (1)
  • Pfizer (1)
  • Pharma (18)
  • Piracy (5)
  • plagiarism (3)
  • Plant Variety Protection (2)
  • post grant (1)
  • Prashant (2)
  • Preventive Detention (1)
  • Price Control (6)
  • prior publication (1)
  • Privacy (3)
  • Prizes (1)
  • public health (3)
  • Public Interest (4)
  • Publicity Rights (4)
  • Publishing (3)
  • radio (2)
  • Rajiv (18)
  • Rectification Petition (2)
  • Rejection (1)
  • research (3)
  • reverse engineering (2)
  • revocation (4)
  • rip (1)
  • Roche (2)
  • Roche vs Cipla (1)
  • Royalty (2)
  • RTI (2)
  • Scholarship (4)
  • section 16 (1)
  • Section 3(d) (7)
  • section 8 (6)
  • shamnad (11)
  • Shan Kohli (4)
  • Shouvik Kumar Guha (30)
  • Smartphones/Tablets (2)
  • Social Innovation (1)
  • Software (10)
  • software enforcement (3)
  • software patent (3)
  • Special 301 Report (1)
  • Spicy Tidbits (6)
  • spicyip (1)
  • SpicyIP Accolades (1)
  • SpicyIP Announcements (9)
  • SpicyIP Case (1)
  • SpicyIP Cases (3)
  • spicyip commiseration (1)
  • SpicyIP Events (11)
  • SpicyIP Fellowship (5)
  • SpicyIP Guest Series (22)
  • SpicyIP Interview (2)
  • SpicyIP Jobs (4)
  • SpicyIP Jobs/General (2)
  • SpicyIP Review (1)
  • SpicyIP Tidbits (11)
  • SpicyIP Weekly Review (27)
  • Statutory Licensing (1)
  • STI Policy 2013 (4)
  • Sugen (3)
  • Supreme Court of India (5)
  • Swaraj (19)
  • Tarnishment (1)
  • Technology (6)
  • Technology Transfer (5)
  • TKDL (5)
  • TPP (1)
  • trade (4)
  • Trade Secret Protection (1)
  • Trademark (59)
  • Trademark dilution (1)
  • Trademark Registry (9)
  • Traditional Knowledge (7)
  • Transparency (5)
  • treaty (1)
  • trial (1)
  • tribunals (2)
  • TRIPS (11)
  • UK (3)
  • unfair competition (5)
  • UNFCCC (1)
  • Universities Research and Innovation Bill (2)
  • US (1)
  • US Patent Reform (1)
  • US Supreme Court (3)
  • viva (3)
  • WIPO (5)
  • Working a Patent (2)
  • Workshop (4)
  • writ (1)
  • WTO (1)

Blog Archive

  • ►  2013 (364)
    • ►  September (13)
    • ►  August (41)
    • ►  July (36)
    • ►  June (36)
    • ►  May (32)
    • ►  April (51)
    • ►  March (66)
    • ►  February (40)
    • ►  January (49)
  • ▼  2012 (131)
    • ►  December (29)
    • ▼  November (42)
      • Civil society sounds the war cry for affordable He...
      • SpicyIP Weekly Review (November Week 4)
      • SpicyIP Tidbit: Bayer makes an attempt to nix NATC...
      • BCCI blocks Photo Agencies in India-England Test S...
      • University of New Hampshire School of Law seeks Ex...
      • Madras High Court rules against ‘safe-harbour’ for...
      • SpicyIP Tidbit: Prathiba Singh wins award for bein...
      • Off-topic: Press Release Journalism by the Times o...
      • SpicyIP Tidbit: ESG sues the Govt. of India & NBA ...
      • Del HC hits a sixer: The Boundaries of Copyright a...
      • Dangers of ex-parte interim injunctions, in full d...
      • A successful academic intervention before the Supr...
      • SpicyIP Weekly Review (November Week 3)
      • Brainstorming the Copyright Amendments
      • IPAB on Payyannur Ring
      • Sugen-Cipla litigation lands before the Supreme Co...
      • October 2012: Controller's decisions at the IPO
      • Estimating the number of Hepatitis patients treate...
      • Spicy IP Weekly Review (November Week 2)
      • SpicyIP Announcement: Copyright Amendments, 2012: ...
      • More puzzling questions about Sugen’s Sunitinib pa...
      • Guest Post: Grievance Officer in the IT Rules - An...
      • SpicyIP Tidbit: Probing further, Sugen’s title to...
      • Part I: IPCheckups & Intellectual Ventures: What a...
      • Part II: IPCheckups & Intellectual Ventures: What ...
      • SpicyIP Tidbit: Did Sugen have proper title to its...
      • 3D Printing: Are we ready?
      • Copyright Enforcement v. Free Speech: Where does t...
      • Patent Office objects to attempts by CSIR & Co. to...
      • DIPP notifies revocation of Avesthagen patent in G...
      • Stocktaking: IPAB’s performance over the years
      • Patent agent examination: DIPP notifies changes in...
      • Tamil Nadu set to register Pattamadai Mats and Nac...
      • SpicyIP Weekly Review (November Week 1)
      • Debating the Business Standard's analysis of the A...
      • GWU – CII ‘Legal Education’ program set to make a ...
      • Kerala loses its sense of proportionality, takes e...
      • President of Costa Rica Passes Executive Order All...
      • Breaking News: Pegasys Patent Invalidated by IPAB
      • Central Govt. dragged to the High Court over secur...
      • Guest Post: "HMT: Time to share benefits with our ...
      • Allegation against ICAR Scientist of falsifying Pa...
    • ►  October (50)
    • ►  September (10)
Powered by Blogger.