Novartis patent case: Indian govt asks for delay

Switzerland-based drug major Novartis is facing another delay in its attempt to obtain a patent in India for the oncology drug Glivec/Gleevec (imatinib mesylate; Marketletters passim). An appeal to the Intellectual Property Appellate Board is already on hold until the issue of an alleged conflict of interest involving the Board's technical member, Shri S Chandrasekaran, has been decided by the High Court in Chennai.

At a hearing on September 10, the Indian government requested additional time to submit arguments in favor of allowing Mr Chandrasekaran to remain on the IPAB's panel for the Glivec hearing. Novartis claims that Mr Chandrasekaran should not be allowed to participate in the IPAB's ruling on the grounds that he was both the Controller General of the Indian Patent Office at the time of the original refusal by that body of a patent for the anticancer drug and, that he was a participant in the original court case, opposing the Swiss drug major. The High Court has once again adjourned the case, this time until October 8, with the understanding that, if the government's counsel does not present evidence, a verdict will be announced.