Novartis Case and Indian Patent laws - some key points- 7 year case – Novartis wanted patent on imatinib mesylate in beta crystalline form- evergreening issue – 2005 Indian patents act – 2006 application rejected for failing to satisfy requirements for novelty and non-obviousness – case in IPAB and Madras HC – challenged sec 3(d) of Patents act – 2009 SLP in SC – main argument=enhanced efficacy over imatinib – SC decided the matter de novo looking into matters of both fact and law - imatinib mesylate is a known substance from the Zimmermann patent itself – no proof that imatinib mesylate will produce an enhanced or superior efficacy (therapeutic) on molecular basis Novartis decided to stop any further investment in R&D in India – but 0.03 percent of its entire expenditure in India in R&D – balanced judgment – will benefit Indian consumers - 10 times lesser price - focus on Therapeutic efficacy - renewed focus on what innovation is — and how it should be rewarded – SC judgement supports real innovations and novelty – Companies encouraged to spend on new innovations rather than slight modifications.
Posted on: Tue, 26 Nov 2013 08:18:58 +0000
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