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 2026

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

UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Gift this article