Medical Patent News , March 8, 2007
A court in Chennai, India, last month heard arguments in the case regarding Novartis claims to Gleevec Patents in India. Some HIV/AIDS advocacy groups are calling on Novartis to drop its legal challenge, saying that if the company wins the case it could restrict access to antiretroviral drugs for millions of people worldwide.

Novartis brought a civil lawsuit against the Indian government after the country in January 2006 rejected the company’s attempt to patent a new version of its leukemia drug Gleevec on the basis that the drug is a new formulation of an existing drug. India’s patent law, which went into effect in January 2005, allows patents for products that are new inventions developed after 1995, when India joined the World Trade Organization, or for an updated drug that exhibits improved efficacy.

Although some Indian drug companies and groups say that Gleevec is a new formulation of a drug developed before 1995, Novartis says that it is an improved drug. Decisions concerning patents on some newer HIV/AIDS drugs in India have not been announced. If Novartis wins the case, it could potentially set a precedent for other pharmaceutical companies seeking patent protection for drugs, including antiretrovirals, some HIV/AIDS advocates have said. The court has been asked to clarify regulations on patents for new versions of existing drugs whose original patents have expired.

According to Medecins Sans Frontieres, most of the roughly 9,000 pending patent applications would be affected by this ongoing case. MSF, which relies on India for about 80% of the AIDS drugs it uses to provide 80,000 people worldwide with access to treatment, in a statement said that if India is “made to change its law, many of these medicines could become patented, making them off-limits to the generic competition that has proved to bring prices down”

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