Claims covering compositions and formulations are often claims for a new use of a known substance that are not patentable under section 3 (d) of the Indian Patent Act. In addition, there is significant number of patents covering salts, polymorphs and combinations that are also not patentable under section 3 (d) as they are considered to be the same substance unless they differ significantly in properties with regard to efficacy. Moreover, a number of ‘method of treatment’ claims, that are excluded from patentability under section 3 (i), were also granted. This information suggests shortcomings in the way in which section 3 of the Patent Act is being implemented by the patent offices in India.