Landmark case · Intellectual Property Law · Semester 4

Novartis AG v. Union of India

(2013) 6 SCC 1 · Supreme Court of India

The beta-crystalline form of imatinib mesylate failed section 3(d); enhanced therapeutic efficacy over the known substance was not proved.

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Related sections:

Patents Act, 1970, 2(1)(j) — Invention
Patents Act, 1970, 3 — What are not inventions
Patents Act, 1970, 3(d) — Mere discovery of a new form of a known substance without enhanced efficacy
Patents Act, 1970, 10 — Contents of specification