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april 2013

Supreme Court of India · 2013-04-01

NOVARTIS AG vs UNION OF INDIA .

Citation / case number
SC 2009/23752
Court
Supreme Court of India
Petitioner
NOVARTIS AG
Respondent
UNION OF INDIA .
Author
RANJANA PRAKASH DESAI AFTAB ALAM
Bench
RANJANA PRAKASH DESAI AFTAB ALAM

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 3(d) of the Patents Act, 1970, determining its relationship with clauses (j) and (ja) of Section 2(1). The Court held that a product must demonstrate a technical advance and not be obvious to qualify as an invention, and that Section 3(d) serves to prevent the patenting of mere modifications of known substances. The Court ultimately ruled against the patent application for the beta crystalline form of Imatinib Mesylate, emphasizing the need to balance innovation with public access to essential medicines.

NOVARTIS AG vs UNION OF INDIA . · Niyam