Case Comment: Novartis AG vs Union of India

This case comment examines the landmark Supreme Court judgment in Novartis AG v. Union of India (2013), which interpreted Section 3(d) of the Patents Act, 1970 in relation to pharmaceutical patents and the prevention of “evergreening.” The case concerned Novartis AG’s patent application for the beta crystalline form of Imatinib Mesylate, marketed as Glivec. The Supreme Court held that the claimed modification did not demonstrate enhanced therapeutic efficacy and therefore did not qualify for patent protection. The judgment established an important balance between protecting genuine pharmaceutical innovation and ensuring access to affordable medicines