patents in India for the first time.

The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41
 patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41
patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41
patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41
patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41
patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41

patents in India for the first time. The Patent (amendment) Act 2005 defines what invention is and makes it
clear that any existing knowledge or thing cannot be patented. The provision defines that a 'novelty' standard
- which, along with 'non-obviousness' or 'inventive step' and industrial applicability, are the three
prerequisites for 'patentability'. "Discovery" essentially refers to finding out something which already existed
in nature but was unknown or unrecognised. Therefore, discoveries are excluded from patent protection
under section 3 of the Indian Patent Act 1970. 39 The provision under section 3(d) has been approved by
WHO Public Health, Innovation and Intellectual Property Rights Report, 2006, that countries can adopt
legislation and examination guidelines requiring a level of inventiveness that would prevent ever-greening
patents from being granted.40 Section 3 (d) aims to prevent ever greening, a process by which a company
introduces minor modifications in the patented product and then gets a new patent for its product on the
strength of the alterations. By applying for secondary patents over related or derivative technologies, prior to
the date of expiry of original patent, these companies seek to extend the life of patent by additional 20 year
periods for different attributes of the same drug. The changes made may add little therapeutic or clinical
value to the original patented product, but the patents granted for them ensure that the patent holders do not
lose out market shares to the generic versions of its patented drug. Thus, company can enjoy lengthy
monopoly over the drugs and profit from their R&D investment.41