In a serious blow to Western pharmaceutical firms who are increasingly focusing on India to drive sales, the Supreme Court (SC) dismissed Swiss drug-maker Novartis AG's attempt to win patent protection for its cancer drug Glivec. The apex court’s verdict also sets a benchmark for several intellectual property disputes in India, where many patented drugs are unaffordable for most of its 1.2 billion people.
Last year, Pfizer Inc's cancer drug Sutent and Roche Holding AG's hepatitis C treatment Pegasys lost their patented status in India and today’s ruling will make it tougher for them to win back patent protection. On the other hand, the ruling is a boost for healthcare activists who want the government to make medicines cheaper in a country where patented drugs constitute under 10% of total drug sales.
Since 2006, Novartis has been fighting to win a patent for an amended form of Glivec. In 2009 it took its challenge against a law that bans patents on newer but not radically different forms of known drugs to the Supreme Court.
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