SC reserves order on Novartis plea for patent of cancer drug

A bench of justices Aftab Alam and Ranajan Prakash Desai reserved its verdict after marathon arguments which went on for months.

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.

Section 3(b) restricts patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.