Supreme Court denial of Glivec patent clarifies limited intellectual property protection and discourages future innovation in India

Novartis International AG / Supreme Court denial of Glivec patent clarifies limited intellectual property protection and discourages future innovation in India . Processed and transmitted by Thomson Reuters ONE. The issuer is solely responsible for the content of this announcement.

• Patent denied despite global recognition of Glivec as a life-saving, breakthrough drug for certain forms of cancer, with patents granted in nearly 40 countries
• Novartis has never been granted an original patent for Glivec in India
• More than 9 out of 10 patients currently taking Glivec in India will continue to receive drug free of charge through Novartis Oncology Access programs
• Patents are the foundation of innovative drug discovery and essential to advancing medical science and treatment of patients

 

Mumbai, India, April 1, 2013 - A decision issued today by the Indian Supreme Court regarding the Novartis breakthrough medicine Glivec^® (imatinib mesylate) provides clarification on Indian patent law and discourages innovative drug discovery essential to advancing medical science for patients.

Novartis has never been granted an original patent for Glivec in India. The Court denied an appeal challenging the rejection of a patent for Glivec, a life-saving medicine for certain forms of cancer, patented in nearly 40 countries including China, Russia, and Taiwan. Novartis filed a Special Leave Petition with the Indian Supreme Court in 2009 challenging the denial of the Glivec beta crystal form patent on two grounds, based on Sections 3(d) and 3(b) of the Indian patent law. In addition to seeking a patent for Glivec, the company filed the case to help clarify these unique aspects of the patent law.

"Novartis has never been granted an original patent for Glivec in India. We strongly believe that original innovation should be recognized in patents to encourage investment in medical innovation especially for unmet medical needs," said Ranjit Shahani, Vice Chairman and Managing Director, Novartis India Limited. "We brought this case because we strongly believe patents safeguard innovation and encourage medical progress, particularly for unmet medical needs. This ruling is a setback for patients that will hinder medical progress for diseases without effective treatment options."