12,000 PATENT APPLICATIONS, WOULD
BE OPENED ON JANUARY 1st
Nearly 12,000 patent applications, a majority of them from
multinational pharma companies, would be opened by the government
on January 1 as the government has complied its with World
Trade Organisation (WTO) obligations by issuing an ordinance
to bring about product patents for chemicals, agrochemicals
and food sectors.
Rules for operation of product patents would be notified
soon on the basis of the ordinance. The applications are lying
in the 'mailbox' provided by the government for submission
of applications in the run-up to the introduction of product
patents.
Commerce & industry minister Kamal Nath said that patents
based on the mailbox applications would be awarded only with
prospective effect. The patent will be available from the
day of award and not the day of application.
"We have specifically provided that patent rights for
mailbox applications will only be available prospectively.
We have made these changes after wide consultation, and we
feel that these considerably improve the proposals,"
he said.
Current estimates are that it will take up to 30 months to
process these applications. The government feels that all
the applications would not be pursued and it will take a couple
for years to award patents.
The new provision introduced to circumscribe rights in respect
of mailbox applications to prospective effect will protect
local manufacturers from unfair charges, said Mr Nath.
Even if a local producer manufactures a product for which
patent is granted, the liability will be limited to the period
after the grant of the patent.
Once the mailbox is opened, the list will be published and
the all stakeholders will get an opportunity to oppose any
application. The government will consider all aspects including
opposition or objections - if any - before taking a final
decision.
The government has introduced a number of safeguards and
prices of pharmaceuticals will not shoot up, Mr Kamal Nath
said. Only 3% of the drugs produced in India now are patented,
the minister added while defending the new patent regime.
On the other hand, he claimed better options would be available
as research & development would be encouraged by the new
regime.
