Novartis vs. Union of India
In this post (which I wrote long back), I have summarized the landmark judgment delivered by the Supreme Court. Here it goes - The Novartis Patent Saga The Zimmerman patent in 1993 - disclosed the imatinib free base – this patent was not granted in India because India did not provide for pharmaceutical patents prior to 1995; A publication in 1996, which referenced imatinib mesylate; The 1998 patent application (Application No.1602/MAS/1998) before the Indian Patent Office which claimed the beta-crystalline form of imatinib mesylate. What is claimed- beta crystalline form, better thermodynamic stability, lower hygroscopicity (comparison was made to alpha crystalline form) Application lay dormant – mailbox procedure – since patent law was in transition – appellant made an application for grant of EMR u/s 24A of the Act – EMR granted Nov. 10, 2003 Jan 1, 2005 – Application taken out of mailbox - attracted five pre-grant oppositions in terms of section 25(1) of the