Patent medicine, A patent medicine means medicine in respect of which a patent is in force, Aphali Pharmaceuticals v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 2227.
Patent or proprietary medicines are--(1) those enumerated in the schedule to the (English) Medicine Stamp Act, 1812; (2) all other medicines intended for human use and claimed to be made by a secret process or protected by letters-patent, or which have been advertised as beneficial to the prevention, cure, or relief of any ailment or disorder affecting the human body. Under the (English) Medicine Stamp Acts, 1802 and 1804, duties were imposed on each bottle or package according to the price. These duties are payable by the manufacturers and collected by means of labels of appropriate amounts, so affixed to the packages as to be destroyed when they are opened. The duties were doubled by the Finance Act, 1915: this increased rate has been continued from year to year. The schedule to the Act of 1812 exempts from duty--(1) medicinal drugs vended entire (i.e., without mixture or composition with any other drug or ingredient) by a medical practitioner, chemist or druggist, or by the holder of a patent medicine licence; and (2) medicinal drugs though mixtures or compositions, if not within the definition of patent medicine, if sold by a medical practitioner, chemist or druggist. An annual licence (5s.) must be taken out by every dealer in or maker of proprietary medicines which are liable to duty. See (English) Medicine Stamp Act, 1802, s. 9, and 1812, s. 1 and Sch.; (English) Customs and Inland Revenue Act, 1875.
By the (English) Venereal Disease Act, 1917 (7 & 8 Geo. 5, c. 21), it is an offence to advertise, etc., any patent preparation for the prevention cure or relief of any venereal disease. Treatment must be by qualified medical practitioners; and see Chitty's Statutes, tit. 'Medicines'; see DRUGS, DANGEROUS, and POISION.
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