The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from…
Is Section 3(d) an extension of the Inventive Step analysis?
The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:
Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…