Abstract
On the 1st of April, 2013, the Indian Supreme Court delivered the much awaited judgment in the appeal filed by Novartis against the refusal of the Indian patent office to grant a patent on its cancer drug, Glivec. The patent office and the Indian Intellectual Property Appellate Board had both decided that Novartis’ patent application failed to meet the requirements of section 3(d) of the Indian Patents Act. Section 3(d) prohibits the grant of patents on new forms of known drugs unless the patent applicant can demonstrate that the new form has ‘enhanced therapeutic efficacy’ over the previously known drug. In its decision, the Indian Supreme Court equally held that Novartis had failed to meet the requirements of section 3(d).
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