Question
Which of the following is not patentable under the
Indian Patents Act, 1970?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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