Novartis not only tried to renew the patent of the anti-cancer drug (Imatinib) also challanged the Section 3(d) of Patents Amendment Ordinance of 2004. (Section 3 lists out the exceptions to patentability, i.e., what are not considered to be inventions) Section 3 (d): the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. Explanation to Section 3 (d): "Salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations, and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
Posted on: Sat, 08 Jun 2013 03:19:19 +0000
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