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MSF WARNS AGAINST NOVARTIS' INDIAN PATENT CHALLENGE

September 26, 2006

The international humanitarian organization Médecins Sans Frontières (MSF) has issued a statement warning that a patent challenge filed by Novartis set to be heard in the Chennai High Court in India today may have serious implications for future access to essential drugs.

Novartis is challenging a part of Indian law that prevents companies from patenting small improvements of known molecules, according to MSF. Novartis is also seeking to have a January decision to reject its patent application for the cancer drug Gleevec reversed.

India began reviewing pharmaceutical product patent applications in 2005 when it was required to become fully compliant with World Trade Organization rules on intellectual property. Indian patent law has strict criteria regarding which inventions qualify for patenting and allows for any party to oppose a patent before it is granted, according to MSF. In 2005 groups filed a pre-grant opposition against Novartis' patent application for Gleevec. MSF has supported similar oppositions filed by patient groups in India against patent applications for AIDS drugs.