SC ruling sets a higher bar for a patentable innovation

The Supreme Court has rejected the plea of Swiss pharmaceutical giant Novartis for a patent on its leukaemia drug Glivec, in a ruling that could ripple through the developing world and affect the fundamentals of the pharmaceutical revenue model. Upholding earlier decisions of the Intellectual Property Appellate Board and the Madras High Court, the court fortified Section 3 (d) of the Patents Act, which requires companies to prove "therapeutic efficacy" when they tweak a molecule or put a known substance to a new end.

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