What is the true import of section d of the Patents Act How does it interplay with clauses j and ja of section Does the product for which the appellant ... claims patent qualify as a new product which comes by through an invention that has a feature that involves technical advance over the existing knowledge and that makes the invention not obvious to a person skilled in the art In case the appellant s product satisfies the tests and thus qualifies as invention within the meaning of clauses j and ja of section can its patentability still be questioned and denied on the ground that section d puts it out of the category of invention On the answer to these questions depends whether the appellant is entitled to get the patent for the beta crystalline form of a chemical compound called Imatinib Mesylate which is a therapeutic drug for chronic myeloid leukemia and certain kinds of tumours and is marketed under the names Glivec or Gleevec

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