In July 2004, the China State Intellectual Property Office (SIPO) declared the patent for Viagra invalid in China because it did not conform with an article China’s Patent Law which states that a patent application must include a description of the drug “in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field” to understand the drug.
The decision by SIPO overturned the Chinese patent for Viagra’s active ingredient sildenafil that was issued to Pfizer in September 2001.
In September 2004, Pfizer filed an appeal against the ruling. The case went to court in April of 2005.
On Friday afternoon, Pfizer won the case, regaining their patent rights. Forbes.com reports:
In what is seen as a landmark ruling in support of greater intellectual property rights protection for foreign companies in China, a Beijing court has backed U.S. drug company Pfizer’s patents for its anti-male impotence drug, Viagra…
…Pfizer said it welcomes the court’s decision, which reflects China’s commitment to creating an effective patent-protection environment and boosts the confidence of the business community in China as an investment location.
…It is uncertain how effective enforcement of the latest court ruling will be, or whether it will have any effect in removing the widely available Viagra knock-offs from the market. Pfizer’s global sales of Viagra were worth $1.6 billion in 2005.
- Forbes.com: Pfizer Wins Key China Court Ruling
- Danwei: Free Viagra (original overturning of patent)
- Danwei: It is time for shopping! (note about appeal against ruling)
- Danwei: It is time for shopping! (note about appeal against ruling)
- Danwei: Advertising business, print media forum, Viagra, annoyed mayor, Xinhua babes, Africa and China (note about the start of the appeal court case)
- Danwei: Getting it up in China: from Horny Goat Weed to Viagra Article by David Moser about sex, aphrodisiacs and impotence in China