Lowering the "Efficacy" Threshold for Section 3(d) of the Indian Patents (Amendment) Act 2005: A Case for a Broader Scope

Authors

Andrew Q. Leba

Abstract

This Comment examines the history that led to India's current patent system, the status of pharmaceutical patentability in India and the relevant case law, and the future of India's patent system. Based on that analysis, this Comment recommends that India should reinterpret Section 3(d) of its Patents Act in a way that gives stronger protection to drug innovators. Part I discusses the history of the Indian patent system, and India's entry into the global economy in adopting the Trade-Related Aspects of Intellectual Property Rights, and key provisions of India's new patent system. Part II examines recent clashes and key legal decisions involving foreign pharmaceutical companies and Indian generic manufacturers since the 2005 amendments to India's Patents Act. Part III recommends that India's patent system give a broad interpretation to Section 3(d) of India's Patents Act in light of the mechanisms already in place to weed out frivolous patents.

Recommended Citation

Andrew Q. Leba, Lowering the "Efficacy" Threshold for Section 3(d) of the Indian Patents (Amendment) Act 2005: A Case for a Broader Scope, 28 Emory Int'l L. Rev. 649 (2014).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol28/iss1/15