Which provision of the Indian Patents Act is used to prevent the evergreening of pharmaceutical patents?
- A.Section 3(d)
- B.Section 11A
- C.Section 84
- D.Section 107A
Show answer
It provides 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 an invention, and therefore cannot be patented; the Supreme Court applied it in the Novartis case concerning a cancer drug.
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