HC verdict a blow to 500 other applications

The Madras High Court's dismissal of Novartis's petition challenging the merit of the anti-evergreening clause in Indian patent law could knock off 500 patent applications from the 7,000-odd that are pending.

The clause, Section 3 (D) of the Indian Patents Act, prevents the patenting of minor modifications of existing medicines.

"The landmark decision of the high court has ensured that patent applications of several medicines belonging to a large range of therapeutic classes "" HIV/AIDS, cancer, hypertension, anti-diabetic "" will be rejected by the patent offices," said patents expert Gopakumar Nair. 
 

SOME KEY PENDING PATENT APPLICATIONS
Medicine	Disease	Patent Holder
Imatinib mesilate  alpha form	Cancer	Novartis AG
Valsartan	Blood pressure	Novartis AG
Benazepril  Hydrochloride	Blood pressure	Ciba Specialty  Chemicals Holding Inc
Atorvastatin	Cholesterol	Warner Lambert Co
Esletirizine	Anti-histaminic	UCB S. A.
Flavopiridol	Anti-tumor	Aventis Pharma
Meloxicam	Anti-inflammatory	Espeve Quimica S. A.
Geftinib	Cancer	Astra Zeneca
Tenofovir	HIV / AIDS	Gilead Sciences
Atazanovir	HIV / AIDS	Bristol-Myers Squibb
Lopinovir/ritonavir	HIV / AIDS	Abbot Laboratories

Medicins Sans Frontieres, a non-governmental organisation, has pointed out that all 13 pre-grant oppositions (an objection raised after a patent is filed but before it is approved) filed by public interest groups and domestic companies on HIV/AIDS and cancer drugs will now be on stronger ground.

The Cancer Patients' Aid Association and the Affordable Medicines Treatment Campaign on the Continued Availability of Generic Medicines have made similar claims.

International aid agencies CARE International and Oxfam International and church-based advocacy network Ecumenical Advocacy Alliance in a joint statement hailed the court ruling.

Stating that the decision was an important victory for global public health, the agencies said it would protect India's special role as the world's leading provider of affordable medicines to the poor. They also welcomed Novartis's response to not appeal against the ruling.