The Indian patent controller's draft 'Guidelines for Examination of Patent Applications in the field of Pharmaceuticals', issued in April this year, has evoked tremendous response both within and outside the country as a large number of national and international pharma associations, experts and patent law firms have submitted their suggestions and comments to the patent office.
After examining these suggestions and comments, the Indian patent controller will incorporate the relevant suggestions before finally issuing the final document on 'Guidelines for Examination of Patent Applications in the field of Pharmaceuticals'.
Earlier in April this year, the Indian Controller General of Patents, Designs and Trade Marks had issued the draft 'Guidelines for Examination of Patent Applications in the field of Pharmaceuticals' to help the Examiners and the Controllers of the Patent Office in achieving consistently uniform standards of patent examination and grant of patents.
These guidelines are supplemental to the practices and procedures followed by the Patent Office as published in the ‘Manual of Patent Office Practice and Procedure’, “Guidelines For Examination of Biotechnology Applications” and the “Guidelines For Processing of Patent Applications Relating to Traditional Knowledge and Biological Material”.
The major pharmaceutical associations which had submitted their comments included Pharmaceutical Research and Manufacturers of America (PhRMA); European Commission, Directorate-General for Trade; European Federation of Pharmaceutical Industries and Associations (EFPIA); International Federation of Pharmaceutical Manufacturers and Associations (IFPMA); Japan Intellectual Property Association (JIPA); Japan Pharmaceutical Manufacturers Association (JPMA); Assocham; Biotechnology Industry Organization (BIO); Organisation of Pharmaceutical Producers of India (OPPI); FICPI; US-India Business Council (USIBC); etc.
The major patent law firms and experts who have sent in their suggestions included ALG India Law Offices; Anand and Anand; Corporate Law Group; D. Moses Jeyakaran; De Penning & De Penning; Dr. Devendra Lingojwar; Director ATG LAB; D.P. Ahuja & Company; Dr. Amarjyoti Basu, Regd. Patent & Trade Mark Agent; Feroz Ali Khader; Intellocopia IP Services; INTERPAT; KAN & KRISHME; KS Partners; Lakshmikumaran & Sridharan; Lawyers Collective; Mylan Laboratories Limited; Patent Agents Association (PAI); Perfexio Legal; Remfry & Sagar; S. Majumdar & Co; Saikrishna & Associates (S&A); Saurabh Anand; South Centre (Innovation and Access to Knowledge Programme); Prof. Suman Kapur; Tech Corp Legal LLP; and Vutts Associates LLP Advocates.