India Supreme Court: Novartis's Glivec patent not novel

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India Supreme Court: Novartis's Glivec patent not novel

The India Supreme Court has upheld the Intellectual Property Appellate Board's (IPAB) denial of Novartis's patent application for anti-cancer drug Glivec

Domestic generic manufacturers Ranbaxy and Cipla brought the opposition, with both represented by Singh & Singh. Anand & Anand acted for Novartis. You can read the Court's ruling here.

The comptroller of patents rejected the Glivec application for lack of novelty. Specifically at issue was section 3(d) of the Patents Act, which states that new formulations of existing drugs are not novel unless they “differ significantly in properties with regard to efficacy”. The act specifically refers to alternative forms such as salts and ethers. Glivec is a salt formulation of the known molecule imatinib.

The IPAB agreed with the patent controller, finding that Glivec was not patentable.

Novartis claims that Glivec is a major improvement over the original molecule, stating that “without further development, [imatinib] could not safely be administered to patients and represented only the first step in the process to develop Glivec as a viable treatment for cancer” (emphasis in original).

The Glivec saga has been ongoing for over six years, with Novartis going so far as challenging the constitutionality of section 3(d). On the other side of the dispute, generics and activists claimed that the application was an attempt at evergreening, where a rights holder patents a minor variation of a drug to extend the protection period.

The Glivec case is just the latest development raising concerns among international pharmaceutical companies about IP protection in India. India has denied patent protection to a number of drugs developed by multinationals, including Pfizer’s sutent and Roche’s Pegasys. Observers around the world have also been discussing the country’s increasingly aggressive compulsory licensing programme, whether it improves access to medicines as intended and whether it is in violation of TRIPs.

more from across site and SHARED ros bottom lb

More from across our site

Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
Gift this article