Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
3 results
for “Polymorph”
F. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsNovartis AG v. Union of India & Ors.
Section 3(d) of the Patents Act, 1970 imposes a distinct and higher threshold of patentability for new forms of known substances, over and above the ordinary tests of novelty and inventive step. A new form of a known substance mus…
EfficacyEvergreeningInventive StepKnown SubstancePatentsSyngenta Participations AG v. Controller of Patents and Designs
Under Section 3(d) of the Patents Act, 1970, efficacy is not a fixed, uniform standard confined to therapeutic effect; its content depends on the field of the invention. For an agrochemical compound, a new polymorphic form demonst…
EfficacyInventive StepPatent ProsecutionPrior Art