Adaptation of Patent Law in Pharmodynamics and Its Neoteric Reforms: A Disquisition

Abstract

The Patent law in Pharmodynamics has undergone a great evolution since the past few decades. The patent law especially in the field of drugs and pharmaceuticals is very uncertain for developing countries. The obligation of the International Agreements and treaties make the situation vulnerable for the developing countries as the countries needs to comply with the provisions of the international treaties in order to survive in the world market. This study focuses on the concept of the double patenting, sand selection patent in pharmaceuticals and their applicability in the Indian Legislations. Further, the study lays down the development of Indian patent law in Pharmodynamics by the espousal of international agreements (WTO/ GATT). The researcher has also discussed the neoteric reform in the drug patent law which involves concepts like combination therapy in drug patent and the idea of strategic patenting and its contradictions with the competition law. The study tries to give a brief overview on the concept of inter-parts review. In this research, the researcher has reviewed various jurisprudential challenges to drug patenting and has given appropriate & practical suggestions to overcome such contemporary and modern issues.