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How to analyze section 3(d) of Indian Patent Act?

February 15, 2017

Introduction:

Section 3(d) of the Indian Patent Act was first introduced in the year 2005, which states that:

“the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant”.

For example: salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.

The idea for introducing such an amendment was to prevent ‘Ever-greening’ of patents. Federation of Indian Chambers of Commerce and Industry (FICCI) on 29 march, 2010 addressed that removal of section 3(d) would result in ever-greening Read More .

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