Venezuela invalidates two Bayer moxifloxacin patents

Venezuela's Minister of Trade, Eduardo Saman, announced that the Latin American country's government has invalidated two registered pharmaceutical patents for the antibiotic moxifloxacin produced by Germany-based drug major Bayer, according to IP Tango, a Latin American blog site.

The move comes after Bayer initiated civil law suits against two national companies that were producing generic copies of Avelox (moxifloxacin). The accused infringers alerted the Minister of Trade and the Servicio Autonomo de la Propiedad Intelectual (SAPI), after which proceedings started challenging the validity of the patents.

Explaining the situation, SAPI Director General Arlen Pinate said last week that the requirements were not fulfilled, noting that the requirements for granting a patent in Venezuela are three: the invention must be new, not obvious and industrially applicable. Ms Pinate said that the forms did not contain the reason why they were granted.