Requirements for inventive step in India along with common patent eligibility issues in Life Science and Pharma patents
India has been on an upward growth trajectory for the last two decades, which has led to its slow but steady transformation into a knowledge driven economy that now has increased focus on quality research and innovation. This, coupled with India being one of the largest consumer markets in the world, makes for a perfect battleground where patents become important tools to not only distinguish oneself from competitors, but to also become market leaders.
Inventive Step in India
Patent protection in India is governed by The Indian Patents Act, 1970 (the Act) that amongst others, provides Sections 2(1)(j) and 3, that define an invention in India and enlist subject matters that are outside the purview of patent eligibility in India, respectively. Put together, these 2 sections form the most important technical provisions that determine whether an invention can be successfully protected by way of a patent in India or not.
ABOUT THE AUTHOR
Durgesh Mukharya
Durgesh Mukharya is a Partner with K&S Partners and has over 16 years of experience in the biotechnology & biosciences, plant variety and biodiversity domains.
- durgesh@knspartners.com