Intellectual Property Appellate Board was fully engaged with Novartis case in the last week. Triggered with all its original vigor, the matter commenced on 17th November, a battalion of lawyers landed in IPAB, Chennai. Mr. Shanti Bushan, Senior Counsel and former Union Law Minister appearing for Novartis argued for three days stating that the patent filed by Novartis is a selection patent hence, 1993 US Patent will not hinder Indian patent. He also stated that the contentious Beta Crystaline form of imatinib mesylate itself is a new form and qualifies for separate patent grant. The counsel for Natco Pharma started their arguments on post lunch session of Wednesday and vehemently opposed the concept of selection patent, which has no specific provision in Indian Patent statute and she also stated that even we assume that Novartis has filed a selection patent it should cross the Sec. 3(d) thresholds of Patents Act. So far hearing have gone on for 5 working days.

Board will resume sitting on Monday 24th November. Other respondents will represent their respective sides by their respective Senior Counsel. The matter is expected to be concluded by Friday 28th November. Please watch this website for continuous update on the patent first contested product patent opposition after Amendment Act of 2005 influencing TRIPS in Indian Judicial System.