Strategic use of patent opposition safeguard to improve equitable access to innovative health technologies: A case study of CAR T-cell therapy Kymriah

Kymriah is an innovative cancer therapy which works by removing disease fighting T-cells from patients, genetically modifying or reprogramming the immune cells to attack cancer, and re-infusing them back into the patients. It treats childhood blood and bone marrow cancer. The cost of this new hope-giving gene therapy is CHF 450,000 per treatment. This exorbitantly high price set by Novartis, in exercise of its exclusive rights resulting from patent protection, undermines the real-world impact of this revolutionary therapy. On December 16, 2019, Novartis relinquished its European patent on Kymriah as a result of a successful patent opposition lodged by ‘Public Eye’ and ‘Médicins du Monde’. This case study of Kymriah highlights the potential role of civil society in improving equitable and affordable access to innovative health technologies by using the procedural safeguard of patent opposition. This study finds that patent opposition is an important policy option to alleviate some of the financial burdens of health systems, especially in the wake of COVID-19.