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ARTICLE · 12 JULY 2021

Understanding Synergy In Patent Applications In India. Must 1+1=3!

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Assessment of Patentability of combination/ composition patents at the Indian Patent Office (IPO) is highly dependent on section 3(e) of the Patents Act, 1970 (hereinafter the Act).

IndiaIntellectual Property
Saipriya Balasubramanian
Saipriya Balasubramanian
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INTRODUCTION

Assessment of Patentability of combination/ composition patents at the Indian Patent Office (IPO)  is highly dependent on section 3(e) of the Patents  Act, 1970 (hereinafter the Act). A common strategy  adopted by applicants of pharmaceutical inventions  has been to draft a formulation/composition/ combination claim to move the application away  from the scrutiny of section 3(d). In case of a  formulation/composition/combination claim when  the overall effect of the combination claim produces  an unpredictable change from the individual  derivatives' functions, the result is termed  "synergistic." Synergism then is the combining of  known derivatives to produce unique result.

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