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NOVARTIS A.G. v. UOI – What is Novelty in Indian Courts?

Can everything old be made new again?  Lots has been written about the Indian Supreme Court rejecting a patent application claiming a crystal modification of imatinib mesylate (Gleevec), which is used to treat CML.  Novartis’ attempt to “evergreen” Gleevec with this patent – which will not expire until May of 2019 – failed in India.  I think the below linked newsletter account of the rationale of the court, from Lakshmikumaran & Sridharan, a leading Indian law firm, is the best I have encountered so far, so I won’t try to summarize it.

IPR Amicus Newsletter

 

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