The article analyses Section 3(d) of India’s Patents Act and its controversial role in pharmaceutical patents post-Novartis. It examines its origins, connection to EU SPCs, and the focus on preventing evergreening by emphasising enhanced efficacy.
Read more about Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCsTag: evergreening
Demystifying the Evergreen myth
This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.
Read more about Demystifying the Evergreen mythNovartis Case Review
The Supreme Court’s Novartis judgment clarified Section 3d and its application to pharmaceutical patents in India. It emphasised the need for enhanced therapeutic efficacy and outlined critical standards for patentability, impacting future patent filings.
Read more about Novartis Case ReviewUNDP Issues Guidelines For Pharmaceutical Patent Examination
The UNDP has issued new guidelines aimed at strengthening pharmaceutical patent examination with an emphasis on public health. The guidelines advocate for stricter standards and the use of TRIPS flexibilities to curb evergreening and improve access to medicines.
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