Summary
- The Delhi High Court has set aside the Controller's refusal of Syngenta's application for a monohydrate polymorph of a fungicide, marking a significant interpretation of Section 3(d) of the Patents Act, 1970.
- The court ruled that stability at high temperatures constitutes an enhancement of efficacy for agrochemicals, diverging from the therapeutic efficacy test applied to medicines.
- This decision mandates a fresh hearing on inventive step while affirming the court's opinion on Section 3(d), requiring a decision within six months.
- The ruling reshapes patent strategy for agrochemical applicants in India, emphasizing the need for clear links between product properties and functional benefits.
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