Swiss pharmaceutical company Novartis AG had filed a petition challenging the provisions of the Indian Patents Act and seeking a declaration that it is non-compliant with the Trade Related Intellectual Property Rights agreement. The Madras High Court (HC) has dismissed this petition, thwarting the move by Novartis to challenge the rejection of its patent application for Glivec, the anti-cancer drug. This means that anti-cancer drugs will now be available all over India at far lower prices.
Novartis had sought patent protection for a crystalline form of Glivec, as the original molecule was invented before 1995, and, therefore, cannot be patented in India. The Madras HC has ruled that section 3(d) of the Act, as amended in 2005, along with its explanation is valid and cannot be termed vague, ambiguous or unconstitutional.
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