Showing posts from April, 2013

Patent Pains and the Promise of a Better Future

The recent decision on pharmaceutical patent rights, rendered by the Supreme Court of India has, made ripples across the world. In summary, the Court ruled that Novartis did not enjoy exclusive rights in India to produce and sell it’s leukaemia-fighting drug Gleevec (also sold as Glivec). The court found that since the first patent on the original molecule was granted in 1993, prior to the 1995 threshold for exclusivity under newer laws, the company did not enjoy exclusive patent on the slightly modified, newer molecule. Cipla and Natco, India-based producers of the generic equivalent, appear to have “won” this eight year battle. The Indian government has expressed support for the decision too. Novartis still has the right to request a review, and will probably exercise this right, but the key pieces of the decision will likely hold. The Court’s decision is significant for several reasons. It clearly reinforces the 1995 cut-off for patent exclusivity. This thresh