"cancer", "efficacy", "Imatinib Mesylate", "mailbox", "patent evergreening", "patent monopoly", "pharma caselaw", "section 2 (1) (j)", "section 2(1) (ja)", "section 3d", "union of India", gilvec, gleevec, novartis, Patent Litigation
Today, got a perfect caselaw to create this blog. IP awareness to ALL was in my mind long time for now. Interestingly, after a long fight to protect its patent in India, Novartis petition for the same was finally rejected by the Honourable supreme court of India today. Appellant, Novartis is not entitled to get the patent for the beta crystalline form of a chemical compound called Imatinib Mesylate which is a therapeutic drug for chronic myeloid leukemia and certain kinds of tumours and is marketed under the names “Glivec” or “Gleevec”. “the Court was also reminded that an error of judgment by it will put life-saving drugs beyond the reach of the multitude of ailing humanity not only in this country but in many developing and under-developed countries, dependent on generic drugs from India” The Honourable judge summarizing the case and in his judgement pointed clearly that the Appellant product is not considered to be new product and it does not have any enhanced or superior efficacy over a known substance in public domain. A landmark decision to stop private Monopoly (evergreening of patents) in India. Judgment for the case can be found from CLICK HERE
Ref: (Thanks) to Honourable Supreme court of India website
The author is a patent professional in India, from MR Technollect, IP Consulting firm, New Delhi, India.