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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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