Section 3(D) Of Patent Act: Problem or Beneficial To Pharmaceutical Sector

Abstract

Section 3(d) of the Indian Patent Act states patentability of the product where the product can be patented or not. Section 3(d) was amended in 2005 and from then it was the main issue in the cases of applications for Pharmaceutical Patents. In this research paper the researcher tried to cover the Perspective of Indian Courts regarding section 3(d) of Patent Act, few cases where section 3(d) is interpreted, analysis of those cases, what problems are there in the present section 3(d) and how Indian courts are missing the key points while deciding the cases, effect of the interpretation on pharmaceutical industry in India comparing with condition in USA.