The question (15 marks)
'Invention and patentability are two different questions under the Patents Act 1970.' Discuss with reference to s. 3(d) and the decision of the Supreme Court in Novartis AG v. Union of India. (15 marks)
Standing MU question on syllabus head 2.2; invention, patentability, s. 3(d) and the Novartis case chapter.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Law of Patents of Intellectual Property Laws.
Authorities you will need
- Novartis AG v. Union of India
- Patents Act 1970, ss. 2(1)(j), 2(1)(ja), 2(1)(ac), 3(d) and 4
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.