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India Court Upholds Higher Patent Standard for Drugs

By Mari Serebrov
Washington Editor

Monday, April 1, 2013

Recognizing the global impact its decision could have, the Supreme Court of India denied an appeal by Novartis AG, ending the company's 15-year quest for a patent for its cancer drug Gleevec/Glivec.

The court based its rejection of Novartis' long-fought appeal on Section 3(d) of India's amended Patents Act that "sets up a second tier of qualifying standards for [drugs] in order to leave the door open for true and genuine inventions but, at the same time," prevents the evergreening of an existing patent, the court said in its ruling.

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