THE TEST OF EFFICACY IN PATENT LAW

Siddhant Saroha

doi:10.55662/

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Siddhant Saroha Final Year student, 3-Year LL.B programme, Jindal Global Law School, O.P. Jindal Global University Author

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DOI:

https://doi.org/10.55662/

Abstract

The purpose behind patent law is that a patent must be granted to an applicant when the invention of some product is useful and new. Further, the product must have utility and novelty. The object and purpose behind a patent is to encourage industrial progress, scientific, technological research etc. For a patent to be valid, the product must be the discovery of the inventor and should not be a corroboration of something that was already in existence before date of the patent. A patent confers the right to the patentee to exclude others from making, importing, using, selling the invention etc. during its term.

Section 3(d) of the Patent Act, 1970 has stated that the mere discovery of a newer form of a substance which has already been discovered, which however does not lead to enhancement of the efficacy of the newer form of substance, shall not be considered as a new invention in the eyes of the law and would not be patentable. Section 3(d) has dissuaded evergreening and has stopped the newer forms of substance which are similar to already patented substances from getting a patent unless there is a significant differentiation in the properties of the substances with regard to efficacy.

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