India’s Supreme Court Dismisses Drug Patent Case

{{India’s highest court has dismissed Swiss drug maker Novartis AG’s petition seeking patent protection for a cancer drug, a serious blow to Western pharmaceutical firms which are increasingly focusing on India to drive sales.}}

In a landmark judgement, the Supreme Court said on Monday that the drug Glivec failed to qualify for a patent according to Indian law.

Since 2006, Novartis was challenging the Indian government to demand protection against Indian companies copying its drugs.

But the court ruled that the drug for which Novartis was seeking a patent “did not satisfy the test of novelty or inventiveness” required by Indian law.

In 2009 it took its challenge against a law that bans patents on newer but not radically different forms of known drugs to the Supreme Court.

The ruling is a “huge disappointment” for Novartis, as it allows Indian companies to continue producing cheaper generic medicine for domestic and international consumers.

The case is the most high-profile of several patent battles being waged in India and could have far-reaching implications in defining the extent of patent protection for multinational drug firms operating in the lucrative market.

{Aljazeera}