Novartis Surprised Indian Patent Scenario, Filed Petition with High Court

In one of the surprise move, Novartis AG has moved to Madras High Court challenging constitutional validity of section 3 (d) of the Patents Act, 1970 and further contending India’s breach of obligation under the TRIPS agreement. On August 16, 2006 Novartis filed a petition in the Madras High Court seeking a stay on the Assistant Controller of Patents & Designs’ order of January 25, 2006 invalidating its patent application for the b-crystalline form of imatinib mesylate, famously known as Glivec. However, it is still very early to comment but this move may turn out to be critical move which may change the face of patent scenario in India.