ISSUE:
Whether the invention of the drug is in consistent with the Section 3(d) of the patent act?
What is the meaning of ‘Efficacy’ according to Section 3(d) of the Patents Act, 1970?
RULE:
‘Efficacy’ in section 3(d) refers only to ‘Therapeutic Efficacy’ in the case of medicines and drugs. To grant of patent, inventions of medicine and drugs under S. 3(d) must have ‘therapeutic efficacy’
This is to prevent evergreening of patent which is the tactic used to extend the "market exclusivity of a drug beyond the life of its original patent, a drug company will often obtain multiple patents that cover various aspects of the drug, such as the active ingredient, formulations, manufacturing methods, chemical intermediates, mechanisms of action, packaging, screening methods, and biological targets.