Online BusinessSC to hear Novartis case next week
The Supreme Court will hear Swiss drug maker Novartis AG"s plea against denial of patent for its blood cancer drug, Glivec, next week.
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A Bench headed by Justice Markandaya Katju, before which the matter was listed for hearing today, recused itself from hearing the case.
The Intellectual Property Appellate Board (IPAB) had in July rejected the company"s appeal against a Chennai patent office"s decision citing Sections 3(d) and 3(b) of Indian patent law.
Section 3(d) of patent law restricts patents for already known drugs unless the new claims are superior in terms of efficacy and Section 3(b) restricts patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.
Novartis had obtained an exclusive marketing right (generic versions of Glivec were stopped from being made) in 2003 for the drug based on its patent application.
Its patent plea was rejected in 2006 by the Chennai Patent Office on several grounds, including Section 3(d).
While the Swiss firm had challenged the patent office"s verdict in the Madras High Court, its appeals were transferred to IPAB, which held in July that Glivec did not meet the requirement of increased therapeutic efficacy.