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What is the true import of section 3(d) of the Patents Act, 1970? How does it
interplay with clauses (j) and (ja) of section 2(1)? 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 2(1), can its patentability still be questioned and denied on the ground that
section 3(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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