Novartis patent case
April 3, 2013
INDIA’S Supreme Court has
rejected a plea by Novartis to
patent an updated version of its
cancer drug, Glivec.
The Swiss drugmaker has
been denied a patent by Indian
authorities on the grounds that
the new version was only slightly
different from the old.
The decision means generic
drugmakers can continue to sell
copies of the drug at a lower price
in India, one of the fastest growing
pharmaceutical markets.
The generic equivalent is currently
available in India for just $175
a month - compared to $3000 a
month for Glivec in other countries.
There were concerns that, if
granted, a patent could threaten
access to cheap generic versions of
life-saving drugs in poorer nations.
Novartis applied for a patent in
2006 for its new version of the
drug, arguing that it was easier to
absorb and therefore qualified for a
fresh patent.
However, authorities rejected the
application based on a law aimed at
preventing companies from getting
fresh patents by making only minor
changes to existing drugs, a practice
known as ‘ever-greening’.
Experts say the ruling will set a
precedent for the so-called ‘patent
cliff’ - a phrase used to describe the
expiry of pharmaceutical patents
across a range of blockbuster drugs.
Novartis India md Ranjit Shahani
criticised the judgement, saying it
would discourage innovation.
He said the key issue was India’s
“non-recognition of intellectual
property rights which sustain
research and development”.
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