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The Need to Curb Patents on Known Substances
Despite a progressive judgment by the Supreme Court of India on Section 3(d) of the Indian Patents Act, the processes of legislation and implementation are not equipped to uphold the spirit of the Novartis judgment. This article explains the various loopholes that plague the system of patents in India, and suggests possible solutions.
Legally speaking, the most important implication of the judgment is that the Supreme Court has bro;ught a great degree of clarity with regard to the interpretation of Section 3(d) of the Indian Patents Act. Section 3(d) is a legislative innovation to address the issue of extension of patent monopoly to secure multiple patents on a known substance. This article suggests additional measures for Indian law and policy to make Section 3(d) effective in the post-Novartis context.
Assessing Section 3(d)
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