Today’s rejection by the Patent Office Controller of India of a patent application by Gilead company for a key drug against hepatitis C is being hailed by advocates as a path to dramatically lower costs of treatment for the disease. Hepatitis C has been noteworthy for exorbitantly priced medicines over the past year. A look at the decision shows that a provision in India’s law continues to stop patent applications if they fail to show sufficient novelty and inventive step – and are subject to opposition.
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