Acting on a petition filed by Swiss drug major Novartis AG challenging the denial of patent for its blood cancer drug Glivec, the Supreme Court today issued notices to the Centre, pharma majors Cipla, Ranbaxy, Hetero Drugs, Natco Pharma and others.
The Intellectual Property Appellate Board (IPAB) in July had rejected Novartis' appeal against a Chennai patent office's decision to deny patent to Glivec. Novartis recently had moved Supreme Court on this issue.
A Bench headed by Justice Dalveer Bhandari sought replies from the Ministry of Industry and Commerce, the Comptroller General of Patent and Design, the Cancer Patient Aid Association and the four pharma companies.
Novartis was denied a patent on Glivec on the grounds of sections 3(d) and 3(b) of the Indian Patent Law. Section 3(d) of the Patent Law 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.
Novartis had obtained an exclusive marketing right in 2003 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 that Glivec did not meet the requirement of increased therapeutic efficacy.