Madras HC dismisses Novartis' patent plea

The Madras High Court today dismissed Swiss pharmaceutical giant Novartis's petition challenging the constitutional validity of section 3(d) in the Indian Patents Act, which prevents patenting of minor modifications to products and processes.

Indian pharmaceutical companies hailed it as a landmark judgement against "evergreening" of patents by multinational drug makers. Globally, Indian companies have often found their growth plans blocked by "Big Pharma" using minor modifications to extend their patents indefinitely.

Medicine watchdogs said this would pave the way for Indian companies to supply cheap life-saving drugs to developing countries.

Novartis had approached the Madras High Court after its patent application on Glivec, a cancer drug, was rejected by the patent office due to the provisions of section 3(d) in the Patent Act. Novartis had argued that the section was vague, arbitrary and ambiguous, and provided unguided power to the authority to use or misuse at its discretion.

The Bench, however, agreed with the Centre, the Cancer Patients' Aid Association of India, Mumbai, and several pharmaceutical firms that the section was not vague or arbitrary.

The Bench also declined to declare the Indian Patents Act statute non-compliant with Trade-Related Aspects of Intellectual Property Rights. Novartis said it was unlikely to appeal to the Supreme Court.