Patent rule changes on anvil
The
Indian Patent Amendments (Amendment Rules), 2015 released by the Department of
Industrial Policy and Promotion (DIPP) seeks to fast-track the patent
application and processing procedure, and clarifies the manner in which certain
information and supporting drawings are to be furnished. Stake holders have 30
days to give their feedback. The rules, however, do not touch substantive parts
of the law — the demands from pharma MNCs for the removal of Section 3(d), the
extra filter for patentability, have not been met. While some quarters allege
that Section 3(d) is a TRIPS-plus provision, India has long maintained that it
is meant to prevent ‘evergreening’ of patents by way of incremental changes
sans therapeutic value, and is fully in conformity with the Trade Related
Aspects of Intellectual Property Rights.
Expedited
examination is also available when the applicant or his assignee or prospective
manufacturer (licensee) has already started manufacturing of the invention in
India, or has undertaken that the manufacturing shall commence within two years
from the grant of patent.
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