Anti-Cancer Patent Refusal Set Aside for Not Identifying ‘Known Substance’

A colourful collage of sticky notes spelling out the word "UNKNOWN" is placed against a green and black background, with a blurred field of black question marks in the backdrop symbolising ambiguity and lack of clarity. Featured image for article: Anti-Cancer Patent Refusal Set Aside for Not Identifying ‘Known Substance’

In a recent ruling, the Delhi High Court overturned the rejection of an anti-cancer patent filed by Taiho Pharmaceutical. The Court highlighted that objections under Section 3(d) must explicitly state the “known substance” being referenced and directed a fresh hearing for proper assessment.

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Pfizer files for Patent on Known Substance

This post examines Pfizer’s patent application on a known substance and the Indian Patent Office’s refusal in light of Section 3d and the Novartis decision. It discusses whether unpublished patent applications can render a substance as “known” and critiques the merging of novelty and subject matter analysis.

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