Novartis case: Delhi HC pulls up patent office over decade-long delay in breast cancer drug approval

The Delhi High Court has stepped in with a firm hand, criticizing the patent office for its sluggish response to Novartis AG's 2011 patent application for Ribociclib—a drug aimed at battling breast cancer. In a clear directive, the court ordered t...

New Delhi: The Delhi High Court on Tuesday pulled up the Controller General of Patents, Designs and Trademarks for failing to decide on Novartis AG's application for grant of patent for its breast cancer drug Ribociclib since 2011.

Justice Jyoti Singh said this shows an "unfortunate and sorry state of affairs" at the department, while "noting with great pain that this state of affairs must not continue."

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Asking the Controller, which oversees the registration and revocation of patents, to frame a standard operating procedure for disposal of patent applications within a given timeline, Justice Singh also said that the Controller must decide Novartis' application seeking registration of a patent on the drug for breast cancer treatment and the opposition filed by various parties within four months. Timely disposal must be given priority and timelines must be adhered to, she said.
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