PHARMACEUTICAL PATENTING IN INDIA - BREAKING MYTHS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION 3(e) OF THE ACT

Section 3(e) of the Act recites as follows:

“a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance”.

It is a well-accepted principle of Patent Law that mere placing side by side of old integers so that each performs its own proper function independently of any of the others is not a patentable combination, but that where the old integers when placed together has some working interrelation producing a new or improved result, then there is patentable subject matter in the idea of the working inter relations brought about by the collocation of the integers.

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