In a landmark judgment, the Supreme Court (a bench of justices Aftab Alam and Ranjana Prakash Desahas) rejected the plea of Swiss drugmaker Novartis to patent Glivec
( an altered version of something that had already been in the market for many years) which used to treat chronic myeloid leukemia(Over three lakh people in India are said to be suffering from this form of cancer.) thereby paving the way for other manufacturers
to make and sell versions of the cheaper drugs so long as there is no patent over a medicine.
“The court has held, that the drug is not novel, not inventive and does not satisfy the requirements of section 3(d) (of the Indian Patent Law),” .
Any thing that is newly invented means, its property should not be there already!
The following are not inventions within the meaning of this Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
(c)the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;
( an altered version of something that had already been in the market for many years) which used to treat chronic myeloid leukemia(Over three lakh people in India are said to be suffering from this form of cancer.) thereby paving the way for other manufacturers
to make and sell versions of the cheaper drugs so long as there is no patent over a medicine.
“The court has held, that the drug is not novel, not inventive and does not satisfy the requirements of section 3(d) (of the Indian Patent Law),” .
Any thing that is newly invented means, its property should not be there already!
The following are not inventions within the meaning of this Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
(c)the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;
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