Supreme Court · 2013 INSC 198 · Decided 1 April 2013
Novartis Ag v. Union of India & Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 198 · [2013] 13 S.C.R. 148
- Case number
- CIVIL APPEAL No. 2706/2013
- Decided
- 1 April 2013
- Bench
- AFTAB ALAM, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136
Headnote
13 S.C.R. 148 A NOVARTIS AG --.(_ v. ... UNION OF INDIA & OTHERS (Civil Appeal Nos. 2706-2716 of 2013) B APRIL 01, 2013 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.) Patents Act, 1970: c ss. 2(1}(j), 2(1)(ja) and 3(d) - Grant of patent - To 'F limatinib Mesylate in Beta Crystalline form - not a new product - D 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
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