NOVARTIS A.G. v. UOI – What is Novelty in Indian Courts?
Can everything old be made new again? Lots has been written about the Indian Supreme Court rejecting a patent application claiming a crystal modification of imatinib mesylate (Gleevec), which is used to treat CML. Novartis’ attempt to “evergreen” Gleevec with this patent – which will not expire until May of 2019 – failed in India. I think the below linked newsletter account of the rationale of the court, from Lakshmikumaran & Sridharan, a leading Indian law firm, is the best I have encountered so far, so I won’t try to summarize it.