Which of the following is not patentable under the

Q: Answer-Which of the following is not patentable under the Indian Patents Act, 1970?

Explanation Section 3d of the Indian Patents Act 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 is not patentable . This provision was introduced to prevent evergreening of patents by pharmaceutical companies and was upheld in the landmark Novartis v. Union of India 2013 case.

Indian Patents Act, 1970?

A A new chemical process that increases efficiency Correct Answer Incorrect Answer

B A genetically modified seed with improved yield Correct Answer Incorrect Answer

C A discovery of a new form of a known substance with no enhancement in efficacy Correct Answer Incorrect Answer

D An innovative pharmaceutical composition for treating diabetes Correct Answer Incorrect Answer

E A novel machine for industrial use Correct Answer Incorrect Answer

Solution

Explanation: Section 3(d) of the Indian Patents Act 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 is not patentable . This provision was introduced to prevent "evergreening" of patents by pharmaceutical companies and was upheld in the landmark Novartis v. Union of India (2013) case.

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