This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team.
The Novartis case has been abridged to suit the discussion in the class, and to…
The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Mesylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was in fact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one-tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around…