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Inside Natco’s highstakes patent challenge strategy

Inside Natco’s highstakes patent challenge strategy
While Indian patent law under Section 3(d) of the Patents Act, 1970, expressly restricts such tactics, companies often litigate to defend or challenge these secondary patents. The risk for innovators lies in judicial scrutiny; if the court finds that the modification does not result in enhanced efficacy, the patent can be revoked, weakening the company’s IP (intellectual property) portfolio,” said Varun Singh, founding partner at law firm Foresight Law Offices

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