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    Question

    Which of the following is not patentable under the

    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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