Intellectual Property: Section 3(d) and its Application – Are we stretching it too far?

This presentation by Dr. Kalyan Kankanala in a program organized by MILAT provides an insight into the application of Section 3(d) after the Novartis case. After a quick historical perspective and philosophical background to Section 3(d), Kalyan talks about the parameters for assessing Section 3(d) exclusions. Focussing on the new form exclusion, he points out issues in the efficacy approach followed by the Supreme Court using a salt form of morphine and a genetic invention as examples. Kalyan also brings out examples of the application of Section 3(d) to biotechnology and mechanical inventions, and points out the issues springing therefrom owing to differences in nature, maturity and predictability of the fields. The presentation ends with a comparative analysis of the section with other requirements.