When Patents Meet Patients: Why India Revoked Novartis’ Vymada Patent

India’s bold move against Novartis’ blockbuster heart drug patent highlights the country’s uncompromising balance between innovation incentives and affordable access to medicines.

The Verdict That Stirred the Industry:

On September 12, 2025, the Indian Patent Office revoked Novartis’ patent on Vymada (internationally known as Entresto - a combination of sacubitril and valsartan). The decision came after post-grant opposition from domestic firms, who argued that the patent lacked noveltyinventive step, and failed to meet India’s unique anti-evergreening provisions.

The Deputy Controller of Patents and Designs, D. Usha Rao, concluded that Novartis had not shown a clear therapeutic advantage for the claimed “supramolecular complex” formulation over existing drugs. Without robust clinical or technical evidence, the patent could not stand.


Why It Matters:

The revocation was more than a legal blow to Novartis; it was a reaffirmation of India’s stance on pharmaceutical patents:

  • Section 3(d) of the Indian Patents Act continues to be the line of defense against evergreening. Incremental modifications must show substantial enhancement of efficacy to deserve protection.
  • Affordability and access remain cornerstones of Indian policy. By clearing the way for generics, the decision is expected to slash prices for a critical heart-failure treatment.
  • Innovation incentives for multinational drugmakers are under renewed scrutiny. While India welcomes innovation, it demands stronger proof of novelty and efficacy before granting or upholding patents.

A Familiar Pattern:

This is not the first time India has stood firm against a global pharmaceutical giant. In 2013, the Supreme Court’s Glivec ruling denied Novartis a patent extension for its cancer drug, setting a powerful precedent against evergreening. The Vymada case extends that tradition: India’s patent office is willing to revoke rights even after grant, if challenges hold merit.


Implications for Stakeholders:

For Global Pharma

  • Signals that India remains a tough jurisdiction for secondary patents.
  • Requires more robust data, comparative studies, and technical evidence to prove novelty or efficacy.
  • Increases the risk of post-grant challenges, adding uncertainty to long-term exclusivity.

For Indian Generics

  • Creates a clear pathway for companies like Natco, Torrent, MSN, and Eris to launch affordable alternatives.
  • Strengthens India’s role as the pharmacy of the world, delivering low-cost medicines without breaching TRIPS.

For Patients

  • Offers a life-saving affordability boost, especially for millions of Indian patients battling heart disease.
  • Reinforces India’s reputation for prioritizing public health over monopoly pricing.

The Bigger Picture:

India’s approach sits at a crossroads of law, economics, and ethics. While critics argue that strict provisions reduce incentives for pharmaceutical innovation, defenders point out that without access, innovation is meaningless for patients in low- and middle-income countries.

Globally, the Vymada revocation will likely be studied as a case in point — showing how India balances TRIPS compliance with its domestic public-health priorities.


Conclusion:

The revocation of Novartis’ Vymada patent is not an isolated event. It’s a reaffirmation of India’s unique intellectual property environment, where patents must prove their worth beyond doubt, and patients’ right to affordable medicines remains paramount.

Hence, the ‘Key Takeaways’ are as follows:

  • Patent Revoked: India’s Patent Office cancelled Novartis’ Vymada (Entresto) patent on grounds of lack of novelty, inventive step, and evergreening concerns.
  • Section 3(d) in Action: The ruling reinforces India’s strict bar on incremental patents unless they show substantial therapeutic advantage.
  • Generics Open the Door: Indian firms like Natco, Torrent, MSN, and Eris can now launch low-cost alternatives, making treatment more affordable.
  • Global Signal: The case highlights India’s unique IP stance — balancing innovation with access to essential medicines.

As the dust settles, this case will likely serve as a landmark reference in future IP disputes, shaping both corporate strategies and policy discussions. For India, it underlines a central philosophy: when patents meet patients, public health comes first.


By: Tapan J. Ray

Disclaimer: The views/opinions expressed in this article are entirely my own, written in my individual and personal capacity. I do not represent any other person or organization for this opinion.

 

Leave a Reply