patent
Delhi HC Denies Deuterated Drug Patent in Intra-Cellular
The Delhi High Court has dismissed an appeal by Intra-Cellular Therapies regarding a patent for deuterated psychiatric drug compounds. The court reaffirmed that a broad genus claim in earlier patents precludes novelty for specific species, even if not explicitly named. Furthermore, the judgment clarifies that evidence of improved bioavailability does not automatically satisfy the enhanced therapeutic efficacy requirement under Section 3(d) of the Patents Act. This decision serves as a crucial warning to pharmaceutical innovators that pharmacokinetic data alone is insufficient to support patent claims without proven clinical improvements in therapeutic outcomes.