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.