1) The document summarizes 5 patent related case studies involving pharmaceutical companies. The first case discusses Novartis' attempt to patent the cancer drug Gleevec in India and the Indian Supreme Court's rejection of the patent. 2) The second case discusses an American company's attempt to patent Basmati rice in the US and its subsequent cancellation due to violation of Geographical Indications. 3) The third case discusses a multinational corporation's attempts to patent neem extracts and its uses, which was opposed by an Indian organization and eventually revoked. 4) The fourth case discusses the attempted patent of turmeric for wound healing by a US institution, which was cancelled after opposition from India. 5

1. Patent related case studies
Dr Urmila M. Aswar
&
Miss Shradha H.
Dept. of Pharmacology, SIOP, Narhe

2. Case Study - 1
Novartis Vs Union of India and
others
4/8/2015 2

3. Novartis
Gleevec
1993
(Imatinib)
2006 Sec .
3(d)
2007, 2009
1998 (Imatinib
Mesylate)
Final decision
2013
Novartis
Chronic myeloid
leukemia
4/8/2015 3
The case was to patent Gleevec in India

4. Parameter Gleevec Generic
version of
Gleevec
Company Novartis Natco (local
company)
Nature Expensive Least
expensive
Cost 1 tablet -
2200 Rs
1 tablet -
500 Rs
Preference 16000 people 300000 people
4/8/2015 4

5. Case study – 2
Basmati Rice
4/8/2015 5
Golden
Basmati
Raw
Basmati
Silky Raw Basmati

6. Basmati Rice
4/8/2015 6
Patenting Authority
US Patent
International market
Kasmati Texmati
American Company: RiceTec Inc, (Basmati 867)
Patent application1995 US Patent in 1997

7. 4/8/2015 7
Opposed by Government
of India
In 2000 re-examination /indepth
analysis of application by high level
inter-ministerial group
Patent cancelled in 2000 and
India won the case on basis of
violation of GI under TRIPS.

8. Case study – 3
NEEM (Azadiracta indica)
• N – Natures
• E - Eco Friendly
• E - Economical
• M - Miracle
4/8/2015 8

9. 4/8/2015 9
1971
Robert
Larson
Pesticidal neem
extract (1985)
Multinational chemical
corporation, W R
Grace and Co
Sold in 1988

10. 4/8/2015 10
1990
• Multinational chemical corporation,
W R Grace and Co (Neem-based bio-
pesticides )
1994
• European Patent Office (EPO)
granted a patent
1995
• Opposed By Vandana Shiva of the
Research Foundation for Science,
Technology and Ecology(RFSTE)
2000
• EPO revoked patent on the basis of
lack of inventive step and novely.

11. Case study – 4
Turmeric ( Curcuma longa)
4/8/2015 11

12. 4/8/2015 12
(1993) Patent application by
University of Mississippi
Medical Center
(1995) USPTO granted patent
for use of turmeric in wound
healing
Opposed by India's
Council of Scientific and
Industrial Research(CSIR)
1997 Patent cancelled

13. Case study - 5
Natco vs Bayer case of compulsary
license
4/8/2015 13
Vs

14. 4/8/2015 14
• Patent grant
by India
• Natco and
voluntary
license
• Patent
application
• Bayer
invented
Sorafenib
1990 1999
20082011

15. Cost and Patient Benefitted
• Cost of Naxaver by
Bayer: Rs 2.85 L /
month
• Patient: 2%
• BY Natco: Rs 8900/
month.
• Free to needy

16. 4/8/2015 16
Natco filed application for compulsory license
2012 Natco received grant for compulsory
license (6% royalty)
2013 modification in royalty 7%
Sec -84