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Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

..... the union by nationals of countries of the union shall be independent of patents obtained for the same invention in other countries whether members of the union or not he submitted that there was an implicit recognition that patentability standards would differ from jurisdiction to jurisdiction and thus while interpreting section 3(d) as well as the basic standards of patentability as embodied in section 2(1)(j) and 2(1)(ja) of the act, the granting authority ought to give these concepts the ..... of invention:- he submitted that the senior counsel appearing on behalf of the appellant had categorically admitted during the course of the hearing from a query from the appellate bench that imatinib mesylate was known prior to 1998, the said compound was disclosed in ..... the event of the patent being granted to the appellant, none of the respondents would be prevented from producing and distributing imatinib mesylate in any form other than its beta crystalline form or any of the ..... business to watch the advancing wave of improvement and gather its form in the form of patented monopolies which enable them to lay a heavy tax upon the industry of the country without contributing anything to the real advancement of the ..... the technical member (patents) has held the post of controller general, immediately before his appointment as such member, the appellant filed m.p.nos 6 to 10/2007 praying amongst others that the technical member (patents) be directed to cease acting as technical member to hear the .....