Methods of Medical Treatment
Can a method of treating a patient be patented in India?
Latest update: . Case: Ab Initio Technology LLC v Assistant Controller of Patents. Doctrine: Appeals from the Controller.
Are Swiss-type claims to a new medical use allowed in India under section 3(d)?
Section 3(d) will act as a bar for claiming selection patents and novelty of use in the form of Swiss claims.
Doctrine last updated on 11 October 2026
Swiss-Form and Purpose-Limited Claims, Ali on Patents, www.aop.onl/swiss-claims
1As s 3(d) of the Patents Act will act as a bar for claiming selection patents and novelty of use in the form of Swiss claims, the form in which a selection patent or a Swiss claim is drafted becomes relevant for the purposes of construction.
Doctrine page · Written by Prof. Feroz Ali
www.aop.onl/swiss-claims