India Rejects Novartis's Gleevec Patent Bid

Bloomberg: Novartis's Gleevec Patent Challenge Rejected in India

"The patent for Gleevec/Glivec - granted in nearly 40 countries, including Russia and China - was denied in India in 2006. ……Novartis said it probably won't appeal today's decision to the country's supreme court."

SciDev.Net: Victory for generics in Indian patent case

"Leena Menghaney, from the India office of MSF, told SciDev.Net that India sets an example to the rest of the developing world in setting standards for TRIPS and safeguards to protect the rights of access to treatment for the poor."

Novartis concerned Indian court ruling will discourage investments in innovation needed to bring better medicines to patients:

"1 Court dismisses Novartis petition challenging constitutionality of Section 3(d); defers to World Trade Organization (WTO) to resolve question on TRIPS compliance;
2 Gleevec/Glivec patent appeal not decided; Intellectual Property Appellate Board (IPAB) review continues as separate proceeding."

Section 3(d) of The Patents Act of India states:

"The following are not inventions within the meaning of this Act, - (d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation - For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy."