Novartis cancer drug patent: SC to decide today - Zee News

Zeebiz Bureau New Delhi: The Supreme Court will deliver a landmark verdict — which will set a precedent and have far-reaching consequences on the availability of lifesaving medicines — on the plea by Swiss pharma giant Novartis AG's plea for getting its blood cancer drug Glivec patented in India and restraining Indian companies from manufacturing generic drugs. Glivec, used in treating chronic myeloid leukemia and some other cancers, costs a patient about Rs 1.2 lakh/month, much higher than Rs 8,000 which is the price of the generic drug. The verdict in the seven-year legal battle is keenly awaited not just by Novartis but by all big pharma companies and health aid groups. "Across the world, people rely on India for supplies of affordable versions of expensive patented medicines," said Leena Menghaney of Doctors Without Borders. "This case will have fundamental consequences." The case goes back to 2006 when Novartis' application for a fresh patent in India for its cancer drug imatinib mesylate was rejected by the Indian patent office. Novartis approached the apex court challenging the order of Chennai-based Intellectual Property Appellate Board (IPAB), which rejected its appeal against patent department's decision on Glivec. The Comptroller General of Patent and Design had denied patent to Glivec on several grounds including its alleged failure to meet stipulations under sections 3(d) and 3(b) of the Indian Patent Law. Section 3(d) restricts patents for already known drugs unless the new claims are superior in terms of efficacy while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products. Some Indian pharmaceutical companies and social organisations had also approached the apex court against Novartis claiming that the multinational company is making an attempt to "evergreen" its patent right. Ever-greening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire. A patent on the new form could give Novartis a 20-year monopoly on the drug. During the hearing, senior advocate Gopal Subramanium, appearing forNovartis, said, "The purpose is not to make money from the poor. This is not the purpose, but am I not entitled for patent for our drug? We are fighting the case on principle." He had submitted that there should be no cause of concern that the poor would not get treatment and submitted that 85 percent of the patients are treated free under its scheme. First Published: Monday, April 01, 2013, 09:27 via Business - Google News http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGovTfm8yWDL-W9qCfQIaTn6rW3iw&url=http://zeenews.india.com/business/news/companies/novartis-cancer-drug-patent-sc-to-decide-today_73235.html

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