Section 3(d) Of The Patents Act, 1970 (As Amended): A Deeming Provision!

Ambiguous and inconsistent standards regarding interpretation of Section 3(d) of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2005, a provision peculiar to Indian law, has remained a key issue in India. The constitutional validity of Section 3(d) of the Patents Act, 1970, (as amended) came under judicial scrutiny before the Division Bench (DB) of the Hon’ble High Court of Madras (MHC) in Novartis AG & Anr. vs. Union of India & Ors. [(2007) 4 MLJ 1153]

One of the core issues before the DB of the MHC for consideration was whether amended Section could be held to be violative of Article 14 of the Constitution of India on the ground of vagueness, arbitrariness and conferring un-canalised powers on the Statutory Authority.

Read article >>

Subscribe to Our Blog

Get notification related to our new post

Name *

Email *

Leave a Reply

Your email address will not be published. Required fields are marked *