What should happen and what will end up happening are two different things. The grounds for Pre and Post Grant Opposition are the same namely: Deletion of section 5, opening of mailbox and grant of product patents. With all the lobbying and all the politics involved it can be hoped that the suffering of individuals due to lack of access to medicines is reduced and a solution is reached wherein people have access to medicines and yet in the future India will be able to comply TRIPS plus provisions.
Section 3 d says that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant, is not patentable.
According to the Clause b of this section the applicant provides an undertaking that he would keep the controller updated about the progress of applications filed elsewhere in the world relating to the same or substantially the same invention upto the grant of patent in India.
The patent holder will be entitled to receive reasonable royalty from the manufacturer. But they suffer from their own norms which they themselves have built and although they want to grow to the next level it's the system which pulls them back in.
If the request is not filed the application shall be deemed to have been withdrawn by the applicant. Further, entire Act refers to the word invention and not new invention.
Provisions of Appellate Board were brought in by inserting section I personally feel that Novartis should be granted the drug patent as then the prices will go down and will benefit all.
Computer program per se, a mathematical method or a business method or algorithms. Under the Act "New invention" is defined under section 2 1 l of the Patents Act "New invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.
A patent may also be obtained for an improvement of an article or of a process of manufacture. For example clones and new variety of plants are not patentable. With all the foreign investment in all industries Indian legal system has taken a jolt and had to pick up the pace in order to be competent and people are more aware of intellectual property laws now.
Early publication can result in acceleration of substantive examination of application and in early grant. Article 27 of the TRIPS stipulates that patent shall be available for any inventions …provided that they are new, involve an inventive step and are capable of industrial application'.
Test of being a mere discovery- Since the word discovery has not been defined it can be interpreted by reading the preamble of the Indian patent act and from its legislative history and finally from common knowledge. The invention was published in consequence of the display in an exhibition notified by the Government or reading the paper before a Learned Society.
It was the cancer drug which put Indian on the world map and this was the case we shall be discussing next. Mere use of a known process is not patentable unless such known process results in a new product or employs at least one new reactant.
A new use has been claimed in this claim as antifreeze which is not allowable. Similarly mere use of known apparatus or machine for another purpose is also not considered patentable.
Therefore, from the viewpoint of a pharma industry the exemption of swiss-type claim format in India is unwelcoming and would rather harm to the Industry.
In accordance with its TRIPS obligations, one of the most important changes India had to make to its patent laws was making patents available for pharmaceutical products. India is again adapting and changing its laws to conform to international laws but what is important is that we need to understand the time line and at what stage is India in.
In a patent application No. Intellectual property is no longer simply about giving the right to the inventor but in the coming years it will be looked at from a bigger picture and by giving right to someone who are we denying access medicine from and on a humanitarian level it that what we want to achieve.
India amended its Patents Act again in to meet with the second set of obligations Term of Patent etc. Section 5 2 was introduced which provides for filing of applications for patent in the field of drugs, medicines and agro-chemicals.
What should happen is that only drugs which are lifesaving drugs should be allowed to be made in India and rest of the drugs should enjoy heightened patent protection. For instance, the paracetamol has antipyretic property. If we look at this from a business aspect this is encouraged under TRIPS and national patent laws but if we look at the same from a humanitarian aspect this is completely wrong as access to medicine should be of prime importance.
Likewise, the threat of depriving Indians of new research products seems hollow.
Article 4 and 5 of the Doha Declaration gives us an indication: But from the point of view of the Swiss pharmaceutical company which is relying on international patent rules and TRIPS compatibility of section 3 d of the Indian Patent Act along with the rules set by the WTO; patent protection should be given if India is following the rules of the WTO and it should not circumvent the laws in order to do what it has been doing.
Did India comply with the WTO rules; was patent protection granted so as to protect the pharmaceutical companies?.
THE PATENTS ACT (Updated till amendment). Complete Act | Navigate to Rules | Forms and patent office Fee Schedule | Important notifications issued by the office of CGPDTM. Chapter I – Preliminary. Section 1 – Short title, extent and commencement.
Section 2 – Definitions and interpretation. Chapter II – Inventions Not Patentable. Section 3 – What are not inventions.
The Patents (Amendment) Act, is the third of three amendments to the Patents Act ofto bring India’s patent regime into compliance with the WTO TRIPS Agreement.
It extends the product patent protection to the areas of pharmaceuticals and agricultural chemicals. Sr.
No. Title Download; 1 The Patents Act, (incorporating all amendments till ) HTML Page: 2 The Patents Act, (incorporating all amendments till ).
India. Patent Act, Updated till March 11th, TABLE OF CONTENTS. CHAPTER I PRELIMINARY. 1. Short title, extent and commencement.— 2. Definitions and interpretation.— Act, which is owned or controlled by the Government, or (iii) by.
THE INDIAN PATENT ACT• In India the grant of patents is governed by the patent Act and Rules • The patents granted under the act are operative in the whole of michaelferrisjr.comY The Patent Law of The Patent and Designs Act, The Patents Act.
Under Section 8(1) of the Indian Patents Act, applicant for the patent has to provide a statement disclosing the detailed particulars of application(s) filed outside India .Indian patent act