Patent prosecution in India is not as complex as it appears.
A robust prosecution strategy is the key to success, says
Rahul Vartak, a partner at Krishna & Saurastri Associates
The Indian patent system is often seen as an enigma requiring innovative methods of prosecution. Problems faced at the Indian patent office seem to arise mainly from ignorance of the procedures to be followed.
Strategies for section 3(d)
It is essential to understand the data requirements necessary to overcome objections related to section 3(d) of the Indian Patents Act, 1970. As this section is unique to India, data that are acceptable in other countries to overcome objections related to obviousness may be insufficient.
Data on physico-chemical properties such as beneficial flow properties, better thermodynamic stability or lower hygroscopicity may be useful to show inventive step in other jurisdictions, but do not satisfy the efficacy standard under India’s Patents Act. This has been clarified by India’s Supreme Court in the recent Novartis Glivec ruling.
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Rahul Vartak is a partner at Krishna & Saurastri Associates in Mumbai.
