In a landmark decision, the Delhi High Court overturned an injunction against Natco, allowing them to produce a generic version of Novartis’s cancer drug. The Court held that Novartis’s patent on a specific salt form of the drug (ELT-O) lacked novelty due to its coverage in an earlier patent (IN’176).
Read more about Cancerous Battle: Novartis and NATCO clash over EltrombopagTag: Therapeutic Efficacy
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)The 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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