Economic Times, July 21, 2007
The Indian Patent Appellate Board (IPAB) has dismissed Novartis objection to the appointment of S Chandrasekaran, former Patent Controller General India, to hear its appeal for Glivec.Novartis had filed a petition with IPAB last month, insisting that the newly appointed technical member to the board had in a different capacity refused its patent for anti-cancer drug Glivec.The dismissal of the Swiss giants protests could make Novartis take its case to the courts, triggering a fresh legal wrangle.

According to legal sources, IPAB has argued that Mr Chandrasekaran was serving in a different capacity with the Indian Patent Office and, therefore, though it was under his tenure that the patent for Glivec was rejected, he was not directly involved in the decision on Glivecs patent. Besides, the technical member to IPAB needs to have work experience of five years with the Indian Patent Office, which makes it difficult to appoint a new person to hear Glivecs case.

Following the rejection of its patent application for Glivec, Novartis had filed a case last year with the Madras High Court, contesting the Indian patent offices decision. After months of hearings, the case was, however, transferred in May 2007 to IPAB, which had just been set up to provide for the possibility of an appeal for innovators applying for a patent in India. Mr Chandrasekaran then stepped down from the post of Patent Controller General to head the board.

The Madras Patent Office had rejected Novartis patent application for Glivec in January 2006, arguing that the Basel-based drug makers innovation was obvious and did no meet the requirements of section 3(d) a legal clause specific to the Indian patent law, which stipulates that modifications of already-known medicines cannot be patented unless they make the drug more effective.

Filed under: News