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ARTICLE · 03 SEPTEMBER 2025

Synergistic Effect vs Mere Admixture: Section 3(e) Of The Patents Act, 1970

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In this article, the Hon'ble Calcutta High Court clarified approaches for assessing inventive step of the invention, and assessing synergistic effect vs mere admixture...

IndiaIntellectual Property
Peeyush Pandey
Peeyush Pandey
Rashmi
Rashmi
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Introduction

In this article, the Hon'ble Calcutta High Court clarified approaches for assessing inventive step of the invention, and assessing synergistic effect vs mere admixture in patent applications for improved result in light of section 3(e) of the Indian Patents Act. This judgment clarified the steps to identify inventive features of the invention u/s 2(1)(j) and to differentiate patentable subject matter from non-patentable matter under section 3(e)1 of the Act.

Brief Overview of the Matter

The applicant filed a patent application bearing application number 201731008009, titled "FUNGICIDAL COMBINATIONS" on March 07, 2017, with the Indian Patent Office (IPO), and the Indian application was published in patent journal dated March 29, 2019. Subsequently, a First Examination Report (FER) was issued by the Controller on April 29, 2019, citing objections pertaining to lack of novelty, lack of inventive step, lack of unity of invention and non-patentability

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