The Indian Patent and Trademark Office (IPO) has established rules concerning the submission of material information known to a patent applicant. These rules define an applicant's duty of disclosure. Two decisions of the Delhi High Court have made clear that it is better to be cautious than to risk revocation of a patent on procedural grounds. Applicants should therefore disclose all material information in their control to the IPO.
In a recent judgment the Supreme Court finally interpreted the term 'efficacy' in the context of patentability. The court did not completely eliminate from the definition any non-therapeutic properties of a known form that could be understood to increase efficacy. As the court refused to rule on the exact scope of 'therapeutic efficacy', the case sets a limited precedent and leaves room for further discussion.