SME Times News Bureau | 01 Apr, 2013
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.
