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A shift likely in Novartis case

The move assumes significance in the backdrop of the case filed by Novartis against Section 3 (d) of Indian Patent Act.

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MUMBAI: The Centre has notified a technical member for the Intellectual Property Appellate Board on Saturday. The move assumes significance in the backdrop of the case filed by Novartis against Section 3 (d) of Indian Patent Act.

According to Section 3(d) of Indian Patent Law, without having any significant efficacy, any new use or a new variant of an old substance cannot be patented.

On this basis, the Chennai Patent Office had rejected Novartis’ patent application for anti-leukemia drug, Glivec.

The company, subsequently, moved the Madras High Court. According to Section 117 (G) of the Patents Act, all patent-related cases should be heard by the board.

Sources said Novartis may oppose transfer of the case to the appellate board, arguing that the notified technical member is an ‘interested party’.

The argument stems from the fact that the member has filed an affidavit in the case on behalf of the Centre.

The Centre, on its part, may point out that the affidavit was filed on an administrative capacity. The option of appointing an ad hoc technical member is also open.

According to Section 3(d) of Indian Patent Law, without having any significant efficacy, any new use or a new variant of an old substance cannot be patented.

On this basis, the Chennai Patent Office had rejected Novartis’ patent application for anti-leukemia drug, Glivec. Novartis approached the Madras High Court against the verdict arguing that Section 3 (d) of Indian Patent Act is not compliant with the Trade Related Aspects of Intellectual Property Rights (TRIPs) agreement that India had signed in 2005.

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