Innovatech Pharma Pvt. Ltd., a registered Indian pharmaceutical company, was granted a patent in 2018 for its drug 'Painexol', used to treat chronic pain. In 2020, Innovatech developed an improved formula for Painexol th

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
Innovatech Pharma Pvt. Ltd., a registered Indian pharmaceutical company, was granted a patent in 2018 for its drug 'Painexol', used to treat chronic pain. In 2020, Innovatech developed an improved formula for Painexol that reduced its side effects and filed a patent of addition for this improvement. By 2022, Elixir BioCare Ltd., a competing pharmaceutical company, approached the Controller of Patents seeking a compulsory licence to manufacture and distribute a generic version of Painexol in India. Meanwhile, Innovatech failed to pay the patent renewal fees for 2023, attributing the oversight to clerical errors during financial restructuring. In March 2024, Innovatech applied for the restoration of the lapsed patent. Elixir BioCare opposed this application, citing the delay and lack of bona fide intention and simultaneously began selling generic Painexol even before receiving a compulsory licence. In view of the above case, answer the following questions: What are the Criteria of Patentability ?

Answer & Explanation:

An invention is patentable subject matter if it meets the following criteria - It should be novel. It should have inventive step or it must be non-obvious. It should be capable of Industrial application. It should not attract the provisions of Section 3 and 4 of the Patents Act, 1970.

Topics: Patents Act, 1970

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