patent

Under the Patents Act, 1970, an invention is patentable if it is new, involves an inventive step (not obvious to a person skilled in the art) and is capable of industrial application. In return for the monopoly, the inventor must disclose the invention fully so that others can use it after expiry. The term is 20 years from the date of filing.

Section 3 lists what are not inventions, including discoveries, mathematical methods and, under section 3(d), a new form of a known substance that does not show enhanced efficacy. That clause, aimed at “evergreening”, was upheld and applied by the Supreme Court. Compulsory licences can be granted under section 84.

Example

The application was refused because the new crystalline form showed no enhanced therapeutic efficacy, so no patent could be granted in view of section 3(d).

In Indian law

• s.2(1)(j) and s.3, Patents Act, 1970 (invention; what are not inventions)
• s.53, Patents Act, 1970 (term of patent)
• Novartis AG v. Union of India, 2013 INSC 198: section 3(d) and the efficacy requirement

See also

copyright · trademark · geographical indication

Read more in the study notes

• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Arbitrators: qualities, appointment, challenge and substitution (Alternative Dispute Resolution Systems)
• Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)
• Proof of documents, public and private documents, presumptions as to documents, and exclusion of oral by documentary evidence (sections 64 to 103) (Bharatiya Sakshya Adhiniyam)
• Liberalisation, privatisation and globalisation (Business Environment)