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Article: Breaking The Section 3(D) Code.(Indian Patents Act.)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 23, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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One topic that does not die out is with respect to Section 3(d) of the Indian Patents Act. Most of us have witnessed Section 3(d) objection mocking like a silent spectator under paragraphs 3 or 4 of the First Examination Report. The objection gradually moves up places in the further official actions until it takes all that familiar position under paragraph 1. The question remains – how do we break the 3(d) code?
Section 3 of the Act enumerates inventions that are not patentable. Section 3(d) relates to new forms of known substances. The part of the 'Explanation' corresponding to clause (d) of section 3 - "considered to be the same substance, unless they ...