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India Court Upholds Higher Patent Standard for Drugs

By Mari Serebrov
Washington Editor

Monday, April 1, 2013
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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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