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http://nopr.niscpr.res.in/handle/123456789/20278| Title: | An Attempt at Quantification of ‘Efficacy’ Factors under Section 3(d) of the Indian Patents Act |
| Authors: | Kant, Aditya |
| Keywords: | Section 3(d);Therapeutic;Law & economics;Pharmaceuticals;Patentability;Patent eligibility;Transaction cost;Externality;Innovation;Efficacy Matrix;Pareto;TRIPS;Petty patent;Technology transfer;Market failure;Expressive function of law;Choice architecture;Policy levers;Law-in-books;Law-in-motion;Burden of proof |
| Issue Date: | Jul-2013 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | This policy paper attempts to develop a very simplistic theoretical model for helping patent authorities determine the patentability / patent-eligibility of a pharmaceutical invention. Though yet to be empirically tested, the proposed model (based on the wider interpretation of ‘efficacy’) may serve a very useful guideline, thereby lessening the arbitrariness and uncertainty in the application of the ‘efficacy’ standard under Section 3(d). This model has been proposed as part of a comprehensive reform in the extant patents regime in India. However, this domestic level reform has to be matched by a concomitant reform at the international level. |
| Page(s): | 303-315 |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Appears in Collections: | JIPR Vol.18(4) [July 2013] |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| JIPR 18(4) 303-315.pdf | 126.29 kB | Adobe PDF | View/Open |
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