This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering applicant submissions and proper reasoning in refusal orders.
Read more about Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive StepTag: Section 3(d)
Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs
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 SPCsHigh Court remands Patent Office’s Legally Infirm and Unreasoned Order
The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning and adherence to the principles of natural justice in patent proceedings.
Read more about High Court remands Patent Office’s Legally Infirm and Unreasoned OrderChapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?
The 2014 Special 301 Report reviews India’s patent system, focusing on Section 3d, compulsory licensing, and enforcement issues. This analysis sets the groundwork for deeper exploration of key pharmaceutical patent law topics in future posts.
Read more about Chapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry
The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and are designed to address the complexities unique to the pharmaceutical sector.
Read more about Revised Draft Guidelines for Examination of Patent Applications in the Pharma IndustryDemystifying 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 ReviewAbbott’s HIV Drug Patent “Not an Invention”
The Indian Patent Office has rejected Abbott’s application for an HIV drug patent, finding no inventive step in the claimed composition. This decision highlights the robust scrutiny applied to pharmaceutical patents in India and the importance of pre grant opposition in safeguarding public health interests.
Read more about Abbott’s HIV Drug Patent “Not an Invention”Once an Intermediate, Always an Intermediate
This post examines the exclusion of patentability for new uses of known intermediates under Section 3d of the Indian Patents Act. It discusses the statutory language, its implications for pharmaceutical innovation, and whether this aligns with the broader objectives of the patent system in India.
Read more about Once an Intermediate, Always an IntermediatePatentability 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.
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