Sec 2(1) of the Indian Patent Act of 2005 requires companies to prove that new forms of known compounds offer enhanced therapeutic efficacy in order to be granted a patent.

Sec 3(d) strikes a balance between innovation and access and recognises true invention at the same time, checks attempts at repetitive patenting or extension of patent terms on frivolous grounds.

Beta crystalline form of imatinib mesylate failed both these tests of invention and patentability as provided under sec 2(1) and sec 3(d) of the Indian Patent Act.