The Indian Patent Office has been vehemently using Section 3(d) of the Indian Patent Act to prevent innovator companies from evergreening patents. This section of the Act has been a matter of debate and deliberation over the years. While several multinational innovation companies have not left any stone unturned to show this section in bad light, social welfare groups swear by it. 

Till recently, it was only by way of experience and surrounding speculation, it was considered that Section 3(d) is one of the most formidable hurdles for pharmaceutical patent applications in India. However, the official number of pharmaceutical patent applications that were rejected using Section 3(d) is now out.

The Minister of Commerce and Industry under which the Indian Patent Office functions has officially presented these numbers. As per the official statement, in the past three years, 955 patent applications in the field of pharmaceutical have been rejected. Out of the 955 patent applications, 618 patent applications have been rejected by citing Section 3(d) as one of the grounds for rejection.

Hence, based on the last 3 years’ statics, it can be concluded that, 65% of the pharmaceutical patent applications are rejected in India by citing Section 3(d) as one of the grounds. The statics clearly indicate that the patent office is extremely wary of applicants attempting to evergreen patents, and such attempts will most likely be confronted with Section 3(d).

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