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Informist, Tuesday, Jan. 6, 2026

 

--HC notice to Novo Nordisk on Natco Pharma plea to revoke semaglutide patent

 

NEW DELHI – The Delhi High Court Tuesday issued a notice to Novo Nordisk AS on Natco Pharma Ltd.'s plea seeking revocation of the former's patent on semaglutide for specific formulations and delivery mechanisms, set to expire in March. Semaglutide is a drug used to manage type-2 diabetes and for chronic weight management in certain adults and adolescents. The court will next hear Natco Pharma's plea against Novo Nordisk in February. 

 

Patent revocation means the legal cancellation of a granted patent, effectively voiding the exclusive rights it provided, as if it never existed. This process is initiated by an interested party or the government when a patent is found to be invalid due to lack of novelty, obviousness, or being improperly obtained, ensuring patents meet legal standards and serve public interest. 

 

Currently, Novo Nordisk sells 'Wegovy' and 'Rybelsus' using its patent on the drug semaglutide and it recently launched its once-a-week diabetes medicine Ozempic in India for people with type-II diabetes. Danish drugmaker Novo Nordisk held a primary consumption patent for semaglutide, which expired in September 2024. However, Novo Nordisk still held the secondary patent in India relating to the manufacturing process and delivery mechanism of semaglutide drug, which is valid till March 2026.

 

On Dec. 2, Rejecting Novo Nordisk's plea for an interim injunction, the Delhi High Court had allowed Dr. Reddy's Laboratories Ltd. and OneSource Speciality Pharma Ltd. to manufacture their version of diabetes and obesity drug 'semaglutide' and export the same to countries where Novo Nordisk has not been granted a patent of the drug. However, Dr. Reddy's Laboratories and OneSource Speciality will not sell their version of 'semaglutide' drug in India till March 2026, when Novo Nordisk's patent for the drug expires. The high court had given similar reliefs to Zydus Lifesciences Ltd. and Sun Pharmaceutical Industries Ltd.

 

The court, in its Dec. 2 order, said Novo Nordisk had invented the semaglutide compound in 2004 but wilfully withheld it from the patent office and artificially created a second patent on specific formulations and delivery mechanisms that were filed at a later filing date to extend the monopoly already granted with the acceptance of its previous patent. Therefore, it can be concluded that the primary patent, which discloses the semaglutide compound has enjoyed protection for a period of 20 years, however, the protection for the same remains extended due to the secondary patent, resulting in double patenting and, thereby, evergreening, the high court had said. There was a credible challenge against Novo Nordisk's secondary patent on semaglutide, the court had added. 

 

At 1232 IST, shares of Natco Pharma were up 2.2% at INR 926.40 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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