A new ester of a known medicine with a carboxylic acid chain is patentable if
The Explanation to section 3(d) treats salts, esters and other derivatives of a known substance as "the same substance, unless they differ significantly in properties with…
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A new ester of a known medicine with a carboxylic acid chain is patentable if
Answer and explanation
Correct answer A
The Explanation to section 3(d) treats salts, esters and other derivatives of a known substance as "the same substance, unless they differ significantly in properties with regard to efficacy". For a medicine this means therapeutic efficacy, as the Supreme Court held in Novartis AG v. Union of India (2013); better solubility or a higher melting point are physical properties that do not by themselves meet section 3(d).
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