Thursday, November 12, 2015

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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