Novartis’s patent application for Glivec, a blood cancer drug, was recently ruled not patentable by the Intellectual Property Appellate Board of India (IPAB) for failing to meet the requirements under section 3(d) of the Indian Patent Act, which states that a pharmaceutical derivative must demonstrate enhanced “efficacy” over the prior known molecule, according to Indian IP blog SpicyIP.
More significantly, the post’s author Shamnad Basheer added, the IPAB held the “excessive price” against the grant of the patent, which he added might be the first time this argument has been used.
Novartis had appealed a similar 2006 patent office decision and challenged the TRIPS compatibility and constitutionality of section 3(d). Sources said that Novartis, which has IP rights for Glivec in nearly 40 countries, was reviewing its options after the decision. A scan of the IPAB decision is available here [pdf].