Novartis had been seeking to patent what it claimed was an updated anti-leukaemia treatment, reports The Independent newspaper.

Updated patent

The dispute dates back case seven years, when Novartis sought an updated patent for anti-cancer drug Glivec after the original patent expired.
Glivec, which was a breakthrough in cancer treatment, costs £1,700 a month in its branded form while the generic version is available in India from £115.
Novartis claimed the drug was a new product while activists argued that it had simply been slightly modified in order to receive new patent protection.

Minor modifications

Yesterday’s ruling is set to put an end to the so-called ‘ever-greening’ of drug patents while also giving developing countries much greater access to the treatments, activists claimed.
Pratibha Singh, a lawyer for generic drug producer Cipla, commented: ‘The ruling makes it clear you cannot patent a drug by just making some minor modifications — the key Section 3d of the patent law has been upheld by the court.’
According to the report, India’s generic drugs industry supplies around one-fifth of the world’s imitation drugs – a position which spawned from its non-compliance with World Trade Organisation rules until 2005.

Setback

Novartis argued that the patents are required to ensure products return the funds needed to develop and test further medical treatments.
Ranjit Shahani, of Novartis India Limited, said: ‘This ruling is a setback for patients that will hinder medical progress for diseases without effective treatment options.’