The Indian Supreme Court has rejected Novartis' patent application for its anti-cancer drug Glivec (imatinib mesylate) saying that “application for patent on the beta-crystalline salt does not meet any standard of novelty or inventiveness".
In 2009, the Switzerland based company filed a special leave petition with the highest judicial forum in India.
The petition challenged the rejection of the Glivec beta crystal form patent based on Sections 3(d) and 3(b) of the Indian patent law.
A case for clarification of such aspects of the patent law was also filed.
Commenting on the verdict, Novartis India vice chairman and managing director Ranjit Shahani said the company's Glivec never obtained an original patent in India.
"We strongly believe that original innovation should be recognized in patents to encourage investment in medical innovation especially for unmet medical needs," Shahani added.
"We brought this case because we strongly believe patents safeguard innovation and encourage medical progress, particularly for unmet medical needs."
Glivec is patented in about 40 countries across the world including China, Russia, and Taiwan.
Over nine of 10 patients taking Glivec in India will continue receiving the drug through Novartis Oncology Access programs without any charge, according to Novartis.