India: Novartis fights on in Gleevec battle
Novartis has now appealed to the Supreme Court in a bid to overturn the rejection of its controversial patent for Gleevec. Archana Shanker of Anand and Anand discusses the issues raised by the case
The speculation seemed to have come to an end on June 26 2009 when the Intellectual Property Appellate Board (IPAB) gave its decision on the Novartis patent application directed to the beta crystalline version of imatinib mesylate (Gleevec), refusing the patent application. Novartis then filed a special leave petition (SLP) before the Supreme Court, which has issued notice to the respondents in the matter (Union of India and others) to decide the issue of maintainability.
The facts of the Novartis pre-grant oppositions are well known and this article is only an attempt to summarise the issues and the propositions of law that have been discussed in the judgment.
By way of background, Novartis AG, a Swiss pharmaceutical company, applied for patent number 1602/MAS/1998 claiming Swiss priority of July 18 1997 for an invention directed to a "beta crystalline form of imatinib mesylate". Cancer Patient Aid Association (CPAA), NATCO Pharma, CIPLA...
Please log in
to read the rest of this article. New to Managing Intellectual Property?
Take advantage of one week’s FREE access
and become a Managing IP member today. It’s free to join and the benefits start straight away.
Please make sure you log in to read the rest of the article.
Join us nowGain 7 days FREE access when you register now.