Supreme Court says no to Glivec patent

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Novartis, a Swiss pharmaceutical company, has lost its fight against a 2009 decision by the Intellectual Property Appellate Board (IPAB) that denied it a patent for its cancer drug Glivec. Dismissing a special leave petition filed by Novartis, a two-judge bench of the Supreme Court ruled the beta crystalline form of imatinib mesylate sold under the brand name Glivec, for which the Swiss company was seeking a patent, fails in both the tests of invention and patentability as provided under the Patents Act, 1970.

Novartis was represented by senior counsel Gopal Subramaniam and TR Andhyarujina, who were acting on instructions from Pravin Anand, the managing partner of Anand and Anand.

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