Critical analysis of section 3(d) of Indian patent act, 1970

Abstract

The basic idea is that section 3(d) of Indian patent act disallows patent protection for mere discovery unless such substance express substantial efficacy in the known substance. This provision is disputed as being violative of TRIPS agreement not only on the ground that the provision does not provide any specific guidelines for incremental innovation but also lake the standard protection to all categories of inventions as provided by TRIP. So the whole research moves around the disadvantage of section 3(d) over Indian patent.