China Law Blog

A Beijing court just issued a ruling supporting patent protection for Pfizer Inc.'s blockbuster drug Viagra (h/t to the Vineyard Views Blog).  This court decision overturns a 2004 China patent review board ruling finding Pfizer's patent on sildenafil citrate (Viagra's main ingredient) invalid.

The Wall Street Journal wrote that this "verdict sends a positive signal to other foreign pharmaceutical companies that feared the government's decision to challenge Pfizer's patent would open up other drugs to attack on similar grounds."

Though this ruling is obviously hugely favorable for Pfizer, Pfizer will still need to fight against the widespread availability of counterfeit Viagra in China.  This fake Viagra typically uses the same active ingredients as the real thing, but it sells for a fraction of the price.  I have seen fakes of nearly all of the popular erectile dysfunction drugs being sold openly at nearly every airport gift shop in which I have stepped. 

Pfizer's case will now be returned to the patent review board at China's State Intellectual Property Office and the board will have 15 days to decide whether to appeal the Beijing court's decision.  Pfizer's patent has and will remain in effect until the appeal process is finished.