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 2026

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

AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Gift this article