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GoM wants clear definition of patentability to minimize misuse
Our Bureau, New Delhi | Tuesday, October 26, 2004, 08:00 Hrs  [IST]

The Group of Ministers (GoM), set up to look into the amendments to the Patent Act, has recommended the inclusion of pre-grant opposition provision in the Act. The GoM has asked the ministry to come out with a clearer definition for "patentability" thereby trying to tighten its scope and minimise its misuse by vested interests.

The meeting held here on October 25, 2004 is also known to have recommended for legal provisions to do away with the cooling period that needs to be allowed before issuing compulsory license. The government may incorporate a clause that allows issue of compulsory license at any stage upholding national interest. Licensing would also be given by waiving the cooling period in case of extreme emergency and instances of non-commercial use arising out of similar crisis.

The GoM recommendations is in line with the requests of the domestic industry which had been calling for such changes in the amendment. With the most contentious issues resolved, the Bill is likely to be cleared by the Cabinet and is to be passed by the Parliament during the winter session.

The GoM on Patents Amendment Bill is headed by defence minister Pranab Mukherjee and includes finance minister P Chidambaram, food and agriculture minister Sharad Pawar, chemicals and fertilizers minister Ram Vilas Paswan, science and technology minister Kapil Sibal, health and family welfare minister Anbumani Ramdoss and food processing industry minister Subodh Kant Sahay.

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