India Supreme Court: Novartis's Glivec patent not novel

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India Supreme Court: Novartis's Glivec patent not novel

The India Supreme Court has upheld the Intellectual Property Appellate Board's (IPAB) denial of Novartis's patent application for anti-cancer drug Glivec

Domestic generic manufacturers Ranbaxy and Cipla brought the opposition, with both represented by Singh & Singh. Anand & Anand acted for Novartis. You can read the Court's ruling here.

The comptroller of patents rejected the Glivec application for lack of novelty. Specifically at issue was section 3(d) of the Patents Act, which states that new formulations of existing drugs are not novel unless they “differ significantly in properties with regard to efficacy”. The act specifically refers to alternative forms such as salts and ethers. Glivec is a salt formulation of the known molecule imatinib.

The IPAB agreed with the patent controller, finding that Glivec was not patentable.

Novartis claims that Glivec is a major improvement over the original molecule, stating that “without further development, [imatinib] could not safely be administered to patients and represented only the first step in the process to develop Glivec as a viable treatment for cancer” (emphasis in original).

The Glivec saga has been ongoing for over six years, with Novartis going so far as challenging the constitutionality of section 3(d). On the other side of the dispute, generics and activists claimed that the application was an attempt at evergreening, where a rights holder patents a minor variation of a drug to extend the protection period.

The Glivec case is just the latest development raising concerns among international pharmaceutical companies about IP protection in India. India has denied patent protection to a number of drugs developed by multinationals, including Pfizer’s sutent and Roche’s Pegasys. Observers around the world have also been discussing the country’s increasingly aggressive compulsory licensing programme, whether it improves access to medicines as intended and whether it is in violation of TRIPs.

more from across site and SHARED ros bottom lb

More from across our site

Price hikes at ‘big law’ firms are pushing some clients toward boutiques that offer predictable fees, specialised expertise, and a model built around prioritising IP
The Australian side, in particular, can benefit by capitalising on its independent status to bring in more work from Western countries while still working with its former Chinese partner
Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Gift this article