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Novartis: India rejects patent plea for cancer drug Glivec | |
(about 5 hours later) | |
India's Supreme Court has rejected a plea by Novartis to patent an updated version of its cancer drug, Glivec. | |
The Swiss drugmaker had been denied a patent by Indian authorities on the grounds that the new version was only slightly different from the old. | |
There were concerns that a patent could threaten access to cheap generic versions of drugs in poorer countries. | |
But some Western companies had warned that a decision against Novartis could discourage investment in research. | |
Glivec, which is used to treat chronic myeloid leukaemia and other cancers, costs about $2,600 (£1,710) a month. | |
The generic equivalent is currently available in India for just $175. | The generic equivalent is currently available in India for just $175. |
Anand Grover, a lawyer representing Cancer Patients Aid Association, said he was "ecstatic with the ruling". | |
"This will go a long way in providing affordable medicine for the poor," he said. | |
Long battle | |
Novartis applied for a patent in 2006 for its new version of the drug, arguing that it was easier to absorb and therefore qualified for a fresh patent. | Novartis applied for a patent in 2006 for its new version of the drug, arguing that it was easier to absorb and therefore qualified for a fresh patent. |
However, the Indian patent authority rejected the application based on a law aimed at preventing companies from getting fresh patents by making only minor changes to existing drugs, a practice known as "evergreening". | |
Officials also turned down a subsequent appeal by the company three years later. | |
On Monday, India's Supreme court rejected the firm's appeal to get patent protection for the drug. | |
The AFP news agency quoted the court as saying that the updated drug "did not satisfy the test of novelty or inventiveness" as required by the law. | |