India’s Section 3(d) strikes again

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India’s Section 3(d) strikes again

The India patent controller has rejected Gilead’s sofosbuvir patent application, citing the controversial Section 3(d) of the Patents Act

In an order that came down earlier this week, the patent controller found that the molecule was not patentable, as it was a merely new form of a known substance that did not have enhanced therapeutic efficacy and thus in violation of Section 3(d).

Sofosbuvir, which is marketed under the name Sovaldi, is used to treat Hepatitis C. Generic manufacturer Natco as well as the Initiative for Medicines, Access & Knowledge and the Delhi Network for Positive People, brought oppositions against the application.

Section 3(d) was at the centre of the controversial 2013 decision by the India Supreme Court to reject Novartis’s patent application for its Glivec anti-cancer drug.

In August, seven Indian generic manufacturers, not including Natco, entered into an agreement to manufacture and export sofosbuvir. The drug reportedly costs $1,000 a tablet in the US, or $84,000 for the minimum 12 week treatment. Furthermore, even before the agreement, Gilead had entered in agreements with several countries, such as Egypt, to sell 12-week supplies for $900.

more from across site and SHARED ros bottom lb

More from across our site

News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Gift this article