Indian Patent Office Rejects TB Drug Patent, Boosting Push For Affordable MDR-TB Treatment

Mumbai, October 28, 2026: In a significant step towards making treatment more affordable for patients with drug-resistant tuberculosis (MDR-TB), the Indian Patent Office has rejected a patent application filed by the Global Alliance for TB Drug Development (TB Alliance).

The office upheld objections related to lack of novelty, absence of an inventive step and other statutory requirements under patent law. The decision strengthens the case for affordable access to medicines used in the BPaL treatment regimen.

BPaL stands for bedaquiline, pretomanid and linezolid, a three-drug, all-oral treatment regimen used for eligible patients with drug-resistant tuberculosis (TB).

It offers a shorter course of treatment compared with some older regimens and avoids injectable drugs. Affordable access to these medicines is important for patients who need effective treatment against drug-resistant TB.

Patent Application Opposed By TB Activists

The patent application was filed under the title “Combination Antibacterial Composition and Short Course Antibacterial Regimen.” TB patient rights activists Eldred Tellis and Ganesh Acharya, along with the Delhi Network of Positive People (DNP+), opposed it through a pre-grant opposition under Section 25(1) of the Patents Act. The Patent Controller rejected the application under Section 15 of the Act.

Mumbai Reports Over 4,000 Drug-Resistant TB Cases

Mumbai reported 54,390 tuberculosis cases in 2025, down from 60,633 in 2024, according to Brihanmumbai Municipal Corporation (BMC) data. The city recorded 4,080 drug-resistant TB cases in 2025, highlighting the continuing need for effective and affordable treatment options for patients who do not respond to standard TB medicines.

Activists Welcome Patent Office Decision

Welcoming the decision, Ganesh Acharya, a two-time TB survivor and president of TB People India, said patients’ lives were more important than patent monopolies. Access to affordable, life-saving medicines for people affected by drug-resistant TB is a right, not a privilege, he said.

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According to Acharya, bedaquiline was already a known drug, linezolid was off-patent, and public and philanthropic institutions had played a role in funding the development of pretomanid. He argued that an unjustified patent monopoly should not be granted on the basis of a combination of drugs that already existed.

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