Hyperbolists think that the decision of the Indian Supreme Court to reject Novartis' Glivec (imatinib mesylate) patent claim has changed the face of the pharma market in India and perhaps in other emerging pharma nations, too. But calmer calculus makes it clear that everything is not quite that dramatic. Sure, India and other BRIC nations are not going to align their intellectual property fully with the West. But that does not mean that incremental innovation is fruitless, or that emerging markets are solely price-driven, or that multinationals will rethink investment in emerging nations. Scrip looks beyond the hyperbole at some of the key messages from the landmark verdict.
The Supreme Court ruled that the incremental innovations outlined in Novartis’ later Glivec patents [the beta crystalline form of imatinib mesylate] are not patentable. Indian law makes inventions that are minor modification unpatentable, unless certain specific conditions are met
