India’s Supreme Court has dealt a major blow to the Swiss Pharmaceutical giant Novartis AG, denying the firm’s demand for patent protection for its cancer drug Glivec.

Novartis had been on this case since 2006, trying to get the court to stop Indian drug makers from copying Glivec, which is used to treat multiple cancers.  The ruling allows the Indian companies to continue to produce lower-cost generic versions for international customers.

The high court ruled that the drug "did not satisfy the test of novelty or inventiveness" required by Indian law to get patent protection.

Western Pharmaceuticals have been trying more and more to get into the Indian market.  But Novartis had threatened to withhold future medicines from the subcontinent if the high court ruled against it.

But as upset as Novartis’ executives must be, there are people in the developing world who are ecstatic.  Glivec in its branded form costs $4,000 per month for treatment.  The generic knock off costs only $73 per month.  In India, the average monthly wage across all job categories is $120.

Glivec is often hailed as a “silver bullet” for treating a particularly deadly form of leukemia.