Patent experts have called for a Brazilian model of patenting in India especially in area of examining the relevance of patent applications, to avoid the apathetic approach towards this issue and to limit the controversies to the least possible levels.

The experts noted that the Brazil model where a group of ministers was dealing with all patent-related matters could be effective in a country like India where over 80,000 patent applications are still pending.

The suggestion came from international expert on intellectual property Prof. Carlos M Correa of University of Buenos Aires and Dr Amit Sengupta of People's Health Movement, at a lecture organized by the Campaign for Access to Essential Medicines and the Medecins Sans Frontiers, here recently.

Dr. Correa said that there was a big debate on the relevance of patent applications in India and called for more clarity on discovery and invention. He said some organizations applied for the patent registration with some discovery, but claiming it as an invention.

"There should be a standard classification for discovery and invention. If someone is discovering a particular thing that has existed but was not focused, it should not be considered as an invention," he said.

"Genes need not be a part of invention and the patent should not be allowed for their applications. Besides this, microorganisms, plants, computer programmes, business methods etc should also not be brought into patent jurisdiction,'' the renowned lawyer said.

"A new device to be patented must reveal a flash of creative genius", he said about the invention. There were plenty of `fake' applications seeking to obtain patent but such products are already patented and owned by some other companies, especially in the pharmaceutical and biotechnological field, he added.

He also revealed that there was also a controversy over the subject of patent, that argued whether the applications for having a patent only with some minor changes in component of a particular medicine with no change in medication, should be allowed or not.

He claimed that the WTO was also taking interests in setting up the patent offices in developing countries just to prevent their right especially in case of generic medicines.

He said that in India, patent law had provided flexibility for the Indian companies especially to the generic makers. He appreciated the role of NGOs in India as well as in some of the other developing countries and said they had done remarkable work. "NGOs are playing a big role in some countries including India to challenge the patent law. In India they have done a history making work by fighting Novartis,'' he said.

Dr Amit Sengupta said that India should follow the Brazilian format where a group of ministers used to disclose the applications and deeply examine them.