Evergreening of Patents and Indian Patents Law

5 Pages Posted: 16 Jun 2009

See all articles by Shanti Kumar

Shanti Kumar

Lex Orbis Intellectual Property Practice

Nitin Shukla

Lex Orbis Intellectual Property Practice

Tanushree Sangal

affiliation not provided to SSRN

Date Written: June 15, 2009

Abstract

Inventive activity necessitates dissemination of information across the spectrum of intellectual provenance, to ensure advancement in research and development. The disclosure requirement in case of patents fulfills this very purpose. Obtaining monopoly over an invention is subject to the disclosure requirement, whereafter the monopoly rights can be exercised for the term of the patent. However, there are attempts to unjustifiably stretch this monopoly by obtaining patents over insignificant or trivial modifications of the invention. This paper seeks to analyse the practice of evergreening in the context of Indian Patents Act and discusses the famous Novartis case, where the test of evergreening efficacy was laid down.

Keywords: evergreening, patent, invention, efficacy, Novartis, 3D, Madras High Court

Suggested Citation

Kumar, Shanti and Shukla, Nitin and Sangal, Tanushree, Evergreening of Patents and Indian Patents Law (June 15, 2009). Available at SSRN: https://ssrn.com/abstract=1420003 or http://dx.doi.org/10.2139/ssrn.1420003

Shanti Kumar

Lex Orbis Intellectual Property Practice ( email )

709/710, Tolstoy House
New Delhi, 110001
India

Nitin Shukla

Lex Orbis Intellectual Property Practice ( email )

709/710, Tolstoy House
New Delhi, 110001
India

Tanushree Sangal (Contact Author)

affiliation not provided to SSRN

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