Novartis at India Supreme Court: Evergreening Myths and Patent Reality

Patently BIOtech

Novartis will go before India’s Supreme Court on September 11, 2012 challenging the refusal by the Indian Patent Office to grant a patent on its cancer drug Glivec.  The Indian Patent Office rejected Novartis’ application under a provision in Indian law which is aimed at guarding against so called “patent evergreening.” BIO has written two posts deconstructing the myth of patent evergreening.

Pine

Globalism Pictures

1.  Patent “Ever-Greening”: Novartis Confronts Patent Myth in India

2.  Patent Evergreening in India: Response from the Other Side

While patent evergreening may be a myth, the need for incentives to develop new and better treatments and cures for patients is very real. Patents are a crucial incentive for innovators to conduct clinical trials, meet regulatory requirements, and launch their treatments and cures around the world.

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