Tag: Section 3(e)

Tissue or organ replacement is a medical phenomenon that has saved human lives over the decades. With 3D bioprinting, where functional living human tissues and organs can be fabricated using 3D printing technology, the field has charted a new path, acquired more relevance, and provokes many questions, ethical, medical, legal and beyond. ......

Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ......

This is the second part of a discussion on synergism and the patentability of compositions in India, which details the manner in which patent applications for compositions have been prosecuted by the Indian Patent Office (“IPO”) over the years. The first part describing the ways in which synergistic effect may be demonstrated can be. ......

The patentability of compositions is governed by two key provisions in the Indian Patents Act, 1970 (“the Act”), i.e., the requirement that in order to be patentable, an invention must be novel, include an inventive step, and have some industrial applicability (Section 2(1)(j)), and the requirement that a substance obtained by a mere admixture resulting only in the aggregation of the properties of its components or a process for producing such substance is not patentable (Section 3(e)). ......