Landmark Pharma Patent Jurisprudence in India

Nair, Gopakumar G

Abstract

In a short span of less than 10years after the new WTO/TRIPS based patent regime came into effect, there havebeen many landmark judgments from Indian Courts on interpretation of variousprovisions of the exhaustive (Indian) Patents Act, 1970, as amended. Eventhough, India has granted very large number of Patents during this period, thechallenges were limited to a few blockbuster molecules. Further litigations arein progress. The landmark cases in recent times are dealt with herein.Additional areas which may require judicial intervention is also briefly dealtwith.

Keyword(s)

Gleevec,Section 3(d), Supreme Court order, IPAB, Erlotinib, Sitagliptin, Sorafenib,Dasatinib, Sunitinib, Date of Patent, ordinarily, in effect, per se.

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