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.