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news.Novartis says its challenge to an Indian patent law has been rejected in court and although the company disagrees with the decision, it is unlikely to appeal.
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Last year the Indian government denied a patent for cancer treatment Gleevec on the grounds that the drug was insufficiently innovative. Under Indian law, minor improvements to major drugs are denied patents.
The High Court in Chennai dismissed the challenge, and has deferred it to the World Trade Organization (WTO) forum to resolve whether India was meeting intellectual property rules.
“We disagree with this ruling, however we likely will not appeal to the supreme court. We await the full decision to better understand the court’s position,” said Ranjit Shahani, vice-chairman and managing director, Novartis India Limited.
India has a unique provision in its patent law, section 3(d). This provision excludes developments in the form of incremental innovation.
“It is clear there are inadequacies in Indian patent law that will have negative consequences for patients and public health in India,” said Paul Herrling, head of corporate research at Novartis. “Medical progress occurs through incremental innovation. If Indian patent law does not recognize these important advances, patients will be denied new and better medicines.”
Gleevec is patented in 40 countries.