The Indian Drug Manufacturers Association (IDMA) has urged the Controller General of Patents that the publication of patent application on the web site should include complete details of the patent record as it is required by the Act. The publication should include details of every application including an abstract and all claims made therein, and consequently non-compliance with this provision is a clear contravention of the Patents Act, the IDMA alerted.
In an urgent letter addressed to S Chandrasekaran, controller general of patents, the association stated that further to their previous correspondence which they have addressed to him and to the Dept. of Industrial Policy and Promotion, Government of India, New Delhi, since November 2004, the association is most surprised to note from the website that "all patent applications or claiming priority up to 20.07.2003 shall be deemed to have been published under Section 11A of the Patents Act, 1970 as amended."
"This has caused a lot of panic and anxiety amongst our members all over India as without a specific abstract and proper understanding of the Patents applications, it is not possible for anyone to judge and lodge a pre-grant opposition and defend his legitimate position," the IDMA said in the letter.
It cautioned that in the absence of the above, there is every likelihood of frivolous patents being granted, which IDMA has been objecting to as well as cautioning the government about, repeatedly.
The Association has pointed out that the CGP's special notice on the website referred to above contravenes Section 11A(5) of the Patents Act which clearly requires: "The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract."
In conclusion the IDMA has request the CGP that kindly to see that all the required details of every publication including an abstract are properly published as per Section 11A(5) as early as possible and due time of 90 days as per the Patents Act is provided for filing of pre-grant opposition by those who are affected.