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Why Novartis case will help innovation [India]

Author: Achal Prabhala & Sudhir Krishnaswamy, in Hindu (India), Published on: 15 April 2013

[T]he Supreme Court upheld the Intellectual Property Appellate Board’s decision to deny patent protection to Novartis’s application…[T]he…judgment effectively recast Indian patent law as being nuanced and original…[T]he global gold rush for patents has been dominated by filings for minor and mostly inconsequential innovations — at the expense of breakthrough innovation. In large part, this is because weak standards in the patent laws of developed countries…have explicitly encouraged this shift… A British Medical Journal report [said]…"pharmaceutical research and development turns out mostly minor variations on existing drugs, and most new drugs are not superior on clinical measures.”… The genius of the Supreme Court judgment on Novartis’s patent application lies in restoring the connection between patents and innovation by upholding and legitimising a regime with a higher threshold of inventiveness…

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Related companies: Novartis