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

The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Gift this article