Kit of parts Claims: Indian position

We normally come across many types of patent claims. A patent kit type claims refers to a claim where the inventor wants to patent the selling of two or more products together in a 'kit' to be combined at the time of use only. Such kits normally come with instruction for use by the end user. These types of claims are useful in any type of business but they are found commonly in biotech, paint and coating industry products. More particularly, in combination therapy cases the invention lies in the finding the enhanced therapeutic benefit of using the combination in a particular manner. In such cases the therapeutic benefits is derived from the synergistic or inter working relationship between the active ingredients in the body. In Indian context common hurdle for patenting combination therapy is Section 3(e), which specifically bars patentability of "a substance obtained by mere admixture" and any process for its preparation. Combination vaccines therapy invariably