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India rejects patent bid for drug-resistant TB treatment
સમાચારમાં કેમ?
A new form of an old drug: why Section 3(d) blocks it, the evergreening test for GS3 IPR
India rejects a drug-resistant TB patent bid; Section 3(d) guards against evergreening.
Why it matters: factual, Prelims-type
What you need to know
2 મિનિટ
India has rejected a patent bid for a treatment of drug-resistant tuberculosis, and civil society groups have urged the U.S.-based Global Alliance for TB Drug Development to withdraw its application.
Section 3(d) of the Patents Act, 1970 bars patents on new forms of a known substance unless they show significantly enhanced efficacy, a safeguard against evergreening.
સ્રોત: Topper IAS editorial (PIB / The Hindu / Indian Express)
મુખ્ય તથ્યો
Remember these
- India rejected a patent application for a treatment of drug-resistant tuberculosis.
- Civil society groups urged the U.S.-based Global Alliance for TB Drug Development to withdraw its application.
- Section 3(d) of the Patents Act, 1970 bars patents on new forms of a known substance unless they show significantly enhanced efficacy.
- Section 3(d) is a safeguard against evergreening, where minor modifications extend patent protection.
- Section 3(d) was inserted by the 2005 amendment to the Patents Act, 1970.
પ્રિલિમ્સ · મેઇન્સ
How the exam will ask it
પ્રિલિમ્સ
- Statement: Section 3(d) of the Patents Act, 1970 allows a patent on a new form of a known substance even without any enhanced efficacy. (Incorrect: it bars such patents unless efficacy is significantly enhanced.)
- Statement: Evergreening refers to extending patent protection by minor modifications of an existing drug. (Correct)
- Statement: Section 3(d) is intended to promote access to affordable medicines. (Correct)
મેઇન્સ
GS3 (IPR) and GS2 (Health): the issue is evergreening of drug patents, which delays affordable generics for diseases like drug-resistant TB. Section 3(d) of the Patents Act, 1970 permits patents on new forms of a known substance only if they show significantly enhanced efficacy, balancing innovation with public health. The way forward is rigorous examination, pre-grant opposition by civil society, and consistent application of TRIPS flexibilities to keep treatment affordable.
Quick recall
Answer before you reveal
Section 3(d) of the Patents Act, 1970, which bars patents on new forms of a known substance without enhanced efficacy, is meant to prevent:
- Parallel imports
- Compulsory licensing
- Patent pooling
- Evergreening
જવાબ જુઓ
જવાબ: D — The correct answer is Evergreening. Section 3(d) blocks evergreening, where minor modifications extend patent protection.
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