Secondary Patents in Chemistry

Secondary patents are patents sought for chemical derivatives of known chemicals. Chemical derivatives are eligible for patent protection only if they fulfill key criteria: novelty, inventive step, and industrial applicability. Simply modifying a known compound does not qualify. The derivative must exhibit distinct advantages, such as improved efficacy, lower toxicity, enhanced stability, or new therapeutic uses. Under India's Patents Act, 1970, particularly Section 3(d), derivatives must show enhanced therapeutic efficacy compared to known substances to be considered patentable.