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 version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the – LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team.
The Novartis case has been abridged to suit the discussion in the class, and to make it readable for purposes of topics covered. Students are encouraged to read the full decision to learn the history of patent law and TRIPs developments with respect to public health.
The abridged case will give an understanding of:

  • Objectives and Philosophy of patent law;
  • Patentability requirements;
  • Invention and Patentable Subject Matter differentiation;
  • Section 3d and its interpretation;
  • Analysis of novelty and inventive step; and
  • Construction of patent specification and claims.

The abridged version of the Novartis judgment may be downloaded from here.
About Dr. Kalyan C. Kankanala
Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm, BananaIP Counsels, headquartered at Bangalore, India. In addition to helping clients maximize business value from intellectual assets, Dr. Kalyan also consults for United Nations Industrial Development Organization (UNIDO), and teaches at premier institutions such as National Law School of India University, Bangalore, and Indian Institute of Management, Bangalore (IIM-B).
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