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Polymorph patent
Posted by Anonymous . updated on 1/2/2012
In India polymorph patent is not patentable. Section 3d “mere discovery of new form of known substance which does not result efficacy of that substance”.
But suppose I found new novel compound and file compound patent in India and at same time in same application I claim polymorph of my new novel compound than can it is passable to grant polymorph claim.
My main question is that Sec. 3d is only applicable for known substance? If substance is novel and new that time what happen, its polymorph will grant or not?
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