Pharmaceutical companies commonly used legal argument, as opposed to demonstrating proof of therapeutic efficacy, to overcome anti-evergreening objections
India has been at the forefront of developing an alternative model of patent law which many developing countries have since emulated. A key highlight in the Indian law is Section 3(d) of The Patents Act, 1970, which was introduced in 2005 as a yardstick to distinguish real innovation from trivial tweaks. Section 3(d) was instrumental in the Indian Patent Office (IPO) rejecting the patent for Novartis’ drug Glivec (imatinib mesylate). Its constitutional validity was challenged and upheld before the Madras high court. The decision rejecting the patent for Glivec was upheld by the Intellectual Property Appellate Board (IPAB) and later by the Supreme Court in 2013. Though the law with regard to anti-evergreening, upheld and clarified by Indian courts, remains in the books, its application by the IPO has been far from satisfactory.