One Atomic Substitution, Two Giant Hurdles of Disclosure and Efficacy
In Intra Cellular Therapies v. Controller of Patents, the Delhi High Court revisited two recurring fault lines in pharmaceutical patent law: the coverage disclosure distinction in genus-species claims and the therapeutic efficacy threshold under Section 3(d). Arnav Kaman argues that while the Court gets parts of the Section 3(d) analysis right, its treatment of coverage as disclosure, its failure to meaningfully engage with the applicable novelty standard, and its silence on inventive step leave the judgment doctrinally unclear and the […]
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