Amid Uproar, Novartis Files Gleevec Appeal

Law360, New York (January 29, 2007, 12:00 AM EST) -- Spurring widespread protests, Novartis AG on Monday filed an appeal in its ongoing battle to patent its cancer treatment Gleevec in India, asking the Madras High Court to clarify a key section of the country’s patent laws governing whether companies can protect new versions of drugs whose patents have expired.

The Swiss pharmaceutical maker wants the court to declare Section 3(d) of India’s Patents Amendment Act unconstitutional.

Novartis says Section 3(d) – which holds that molecules similar to existing molecules, such as derivatives of known substances,...
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