SC to hear Novartis plea on cancer drug patent

The Supreme Court will start final hearing next month on a plea by Swiss pharma firm Novartis AG challenging the order of an appellate board, which upheld the government's denial of patent to its blood cancer drug Glivec.

A Bench, comprising Justices Dalveer Bhandari and Deepak Verma, directed today to list the matter for final hearing in March.

Novartis has challenged the order of Chennai-based Intellectual Property Appellate Board (IPAB), which rejected its appeal against patent department's decision to deny the patent for Glivec.

The Comptroller General of Patent and Design had denied patent on several grounds including 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. Section 3(b) restricts patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

In 2003, Novartis had obtained exclusive marketing rights (generic versions of Glivec were stopped from being made) for the drug, based on its patent application.

While the Swiss firm had challenged the patent office's verdict in the Madras High Court, its appeals were transferred to IPAB, which held in July 2009 that Glivec did not meet the requirement of increased therapeutic efficacy.

Cipla, the Cancer association, Hetro Drugs, Natco and Ranbaxy had filed their pre-grant opposition, which were accepted by the Assistant Controller of Patents & Designs in January 2006.