Novartis AG v. Union of India
Intellectual Property RightsShort summary
The Supreme Court rejected Novartis's patent application for the cancer drug Glivec (imatinib mesylate), holding that the new form of a known substance does not qualify for a patent under Section 3(d) of the Patents Act unless it demonstrates enhanced therapeutic efficacy. The Court held that mere increase in bioavailability does not necessarily amount to en...
The Supreme Court rejected Novartis's patent application for the cancer drug Glivec (imatinib mesylate), holding that the new form of a known substance does not qualify for a patent under Section 3(d) of the Patents Act unless it demonstrates enhanced therapeutic efficacy. The Court held that mere increase in bioavailability does not necessarily amount to enhanced efficacy. The judgment is a landmark in balancing pharmaceutical patent protection with public access to affordable medicines.
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