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.
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Patentability of New Form, Use or Property – Section 3(d)
Section 3(d) of the Indian Patents Act limits patentability for new forms or uses of known substances unless enhanced efficacy is proven. The Novartis case illustrates how courts interpret this provision, focusing on therapeutic efficacy rather than mere improved properties.
Read more about Patentability of New Form, Use or Property – Section 3(d)Patentability and Section 3(d), History of Patent Law in India, Patentability of Imatinib Masylate in Beta Crystalline Form – Novartis Case Abridged by Dr. Kalyan C. Kankanala
This abridged Novartis case by Dr. Kalyan C. Kankanala explains the patentability requirements under Section 3(d) of Indian patent law. It provides a structured analysis of the legal and practical issues surrounding the Imatinib Mesylate patent application.
Read more about Patentability and Section 3(d), History of Patent Law in India, Patentability of Imatinib Masylate in Beta Crystalline Form – Novartis Case Abridged by Dr. Kalyan C. KankanalaThe 3D Effect of Novartis Case on Genetic Inventions
The Novartis case established a strict test for therapeutic efficacy under Section 3(d) of the Indian Patents Act, influencing the patentability of genetic inventions. This post examines the impact on gene sequence patents and the ongoing legal debate regarding their compliance with Indian patent law.
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