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Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Section 3(d) of The Patents Act 1970 has been the subject of much research interest due to its connection with preventing evergreening in pharmaceutical patents. This section was introduced after the TRIPS agreement, and may have been inspired by a similar provision in the E.U.’s Supplementary Protection Certificates regulation. It requires any patent for a new form of an active ingredient to demonstrate enhanced therapeutic efficacy. Continue Reading Examining the Origins of Section 3(d) in India’s Patents Act and Its…

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Roche loses again

  The Indian Patent Office took heat for its incompetence when Valganciclovir was granted patent in 2007. The matter was remanded back to the Patent Office by the IPAB to reconsider and this time the patent was revoked. This decision comes at the time when India’s National intellectual property policy is in its final stages, awaiting approval by the Cabinet and with mounting International pressure from Pharmaceutical lobbies, rejecting patent of Pharmaceutical giant F.Hoffmann-La Roche AG will have repercussions. But why…

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