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SC rejects patent protection for Novartis cancer drug
Monday April 01, 2013 12:40:05 PM,
IANS
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New Delhi:
The Supreme Court Monday dismissed Swiss pharmaceutical chain
Novartis AG's petition seeking patent protection for its
anti-cancer drug, Glivec (Imatinib mesylate).
The apex court bench of Justices Aftab Alam and Ranjana Prakash
Desai dismissed with cost Novartis' plea challenging the
Intellectual Property Appellate Board's decision declining the
plea for patent of the drug that is used in the treatment of
chronic myeloid leukaemia and malignant gastrointestinal stromal
tumours.
Novartis AG had claimed that it is the inventor of the beta
crystalline form of Imatinib mesylate.
Pronouncing the judgment, Justice Alam said that the claim was
"beyond the realm of patents".
"In whatever way Section 3(d) of the Indian Patent Act is
interpreted, Novartis cannot claim that it is a patent. It fails
the test of patentability," he said.
Upholding Section 3 (d), the court held that the amended portion
of this section is only for genuine inventions.
The patent right for the drug was denied to Novartis in 2006 by
the Chennai-based Intellectual Property Appellate Board.
The legal battle for the patent of the blood cancer drug is being
closely watched by international pharmaceutical firms. Novartis
had been fighting a prolonged legal case for the patent of Glivec,
a cost effective drug.
Winning such a patent would have barred Indian firms from
manufacturing generic drugs.
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