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april 2013

Supreme Court of India · 2013-04-01

Novartis Ag vs Union Of India & Ors

Citation / case number
AIR 2013 SUPREME COURT 1311
Court
Supreme Court of India
Petitioner
Novartis Ag
Respondent
Union Of India & Ors
Author
Aftab Alam
Bench
Ranjana Prakash Desai, Aftab Alam

Judgment text excerpt

The Supreme Court analyzed the patentability of the beta crystalline form of Imatinib Mesylate under Section 3(d) of the Patents Act, 1970, determining that a product must demonstrate a technical advance and not be obvious to qualify as an invention under clauses (j) and (ja) of Section 2(1). The Court held that even if the product meets these criteria, its patentability could still be challenged under Section 3(d). The judgment emphasized the balance between promoting research and preventing monopolies on essential medicines, ultimately granting leave in the special leave petitions.

Novartis Ag vs Union Of India & Ors · Niyam