Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Patents Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Patents Act, 1970:ss. 2(1}(j), 2(1)(ja) and 3(d) - Grant of patent - To 'limatinib Mesylate in Beta Crystalline form - Twin test of "Invention" and "patentability" - Held: The patent product fails in both the tests of 'invention' and 'patentability' - It is a known substance of Zimmermann patent - It is not a new product - Not only is lmatinib Mesylate known as substance of Zimmermann but its pharmacological properties are known in the Zimmermann patent - It does not qualify the test of { invention as laid down in s.2(1)(j) and 2(1}(ja) - lmatinib Mesylate is known substance with known efficacy - Thus BETA Crystalline form of lmatinib Mesylate is a new form of known substance - It fully attracts s.3(d} - The higher solubility that is attributed to the beta crystalline form of lmatinib Mesylate would be limited to (i) More beneficial flow properties, (ii) Better thermodynamic stability, and (iii) Lower hygroscopicity- These properties, "physical attributes" would give the subject product improved processability and better and longer storability but, on the basis of those properties alone, the beta crystalline form of lmatinib Mesylate certainly cannot be said to possess enhanced efficacy over lmatinib Mesylate, the known substance immediately preceding it, within the meaning of s. 3(d) of the. Act. s.2(1)lj), (ac), lja) - Invention - Held: In order to qualify -J as 'invention' a product must satisfy the test i.e. it must be new, it must be capable of being made or used in the industry and it must come into being as a result of an invention which A -1 has a feature that entails technical advance over existing knowledge or has an economic significance and makes the invention not obvious to a person skilled in the art. s.2(1)()) - Invention - Chemicals and pharmaceuticals - Held: A new product in chemicals and especially pharmaceutical may. not necessarily mean something altogether new or completely unfamiliar or not existing before. s.3(d) - Test of Efficacy - Held: Depends upon the function, utility or the.purpose of product under consideration -- Test of enhanced efficacy in case of chemical substance, especially medicine, should receive narrow and strict interpretation.s.3(d) - Mere change of form with properties inherent to that form, would not qualify as "enhancement of efficacy" of a I known substance. Words and Phrases - 'Efficacy' - Meaning of, in the context of Patents Act, 1970. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2013 INSC 198 |
Petitioner | Novartis Ag |
Respondent | Union Of India & Others |
SCR | [2013] 13 S.C.R. 148 |
Judgement Date | 2013-04-01 |
Case Number | 2706-2716 |
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