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

National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Rasenberger is the CEO at the Authors Guild in the US
Vold-Burgess is the client director at Acapo Onsagers and the former CEO at Acapo in Norway
Williams is the CEO of the UKIPO in the UK
Orliuk is director of the Ukrainian IP office
Julie is chief IP counsel at Teva in the US
Ludlam is chief IP and litigation officer at Lenovo, while Maharaj is chief licensing officer for Ericsson in the US
Campinos is the president of the EPO in Munich
AlSwailem is the CEO of Saudi Authority for Intellectual Property in Saudi Arabia
Ridings, Orozco and Diego-Fernández Andrade are appeal arbitrators at the WTO in Switzerland
Gift this article