Indias patent regime faces continuous criticism from the developed world especially the US Identify the reasons for such criticism and the justifications given by India for our patent regime

There have been many incidents when the medical products being manufactured in the US are being introduced in India and not been granted patent to it. Such cases include:1) The Novartis vs The Union of India in which under section 3(d) of the Indian Patents Act , 1970 in which the company which was about to present a formulation which has a high therapeutic value than the previous one cannot be considered a patent since there was only an alteration to its efficacy and no new discovery.2) The Novozyme vs The Assistant Controller of Patents Inc. in which the supreme court stated that under section 3(e) of the Indian Patents Act, there cannot be a patent granted to a company which has produced something with the aggregation of previous discovery.The Indian Patents Act was established in 1970 with the following statements: 1) The patent should be novel or new.2) The patent should be non obvious.3) The patent should be used in industrial application.However, US has raised certain issues regarding trade with India in relation with the patents.Under the International Regime for Assistance of Intellectual Trade Patency ,the company providing patents should be benefited with trade benefits and their manufacturing expenses must be met.