A study released this month sheds new light on the Indian Patent Office’s (IPO’s) application of Section 3(d) of the country’s Patents Act – a controversial section intended to circumscribe the issue of ‘secondary’ rights for pharmaceuticals products. It finds not only that Section 3(d) objections by the patent office have increased markedly over time, but that the provision has been widely invoked against ‘primary’ patent applications to protect new drugs.

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