Tag: patentability

The Indian medical device market is among the top 20 in the world and is expected to reach INR 794.29 billion by the end of 2023. Whilst highly lucrative, this market also presents a highly competitive environment. To stay ahead in the game, therefore, protecting one’s invention and ensuring its timely introduction in the market are key factors. ......

Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”. ...

Over the years, a large number of patents have been granted for antibodies all over the world. The world is also seeing a shift towards biologic based drugs. Most of the top-selling drugs in 2018 were monoclonal antibodies with HUMIRA® leading the list. With the progress in the art and growing case law in this area, the criteria for patentability of antibodies are becoming increasingly strict, with restrictions on the scope of the claims. ...