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New Article – Novartis' glivec battle with India – patentability of pharmaceutical extension patents

Yesterday Novartis
suffered a blow in its battle to obtain Indian patent protection for its beta crystalline form of Glivec (Imatinib mesylate).

The case has attracted a lot of attention (a) because of India’s
unusual section 3(d) which limits patentability and (b) because this is
the first patent to be challenged from the famous mail-box procedure.
Although Novartis’ TRIPS challenge looks like a difficult one to win
before the WTO, there may be some room to move. As I said in my earlier post, India can still play the Compulsory License trump even if Novartis eventually wins patentability for the beta crystalline form.

The article
(which will publish later today) provides background, an update and some strategic options in the
dispute and finishes with a list of online resources for further
reading.

I look forward to your comments.

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