The Mashelkar Panel, set up by the Central Government to define the patentability criteria in the Patent Act is to hold its third meeting on October 18. The panel has invited suggestions from all the stake holders for finalizing its recommendations on the subject.

According to officials with the Department of Industrial Policy and Promotion, ministry of commerce, the Mashelkar Panel is yet to reach any conclusions with regard to the definition of "patentability." The panel has not been given any deadline to finalize its recommendations, they informed. Clarity in the definition of "patentability" is a pre-requisite for the grant of product patents in drugs and pharmaceuticals.

The five-member Technical Expert Group is looking into the areas of concern in the amended Patent Act includes Dr R A Mashelkar, Director General, Council of Scientific and Industrial Research (CSIR), New Delhi (Chairman), Prof. Goverdhan Mehta, Director Indian Institute of Science, Bangalore; Prof. Asis Datta, Director, National Centre for Plant Genome Research, New Delhi; Prof. Madhav Menon, National Judicial Academy, Bhopal and Prof. Moolchand Sharma, Director, National Law Institute University, Bhopal.

The terms of reference of the Group are to see if it would be TRIPs (Trade-Related Intellectual Property Rights) compatible to limit the grant of patents for pharmaceutical substance to new chemical entity or to new medical entity involving one or more inventive steps. The group will also study if it would be TRIPs compatible to exclude microorganisms from patenting.

The setting up of the Committee was a direct follow-up of the assurance given by union commerce minister Kamal Nath while moving the official amendments to the Patents (Amendment) Bill 2005 in the Lok Sabha on March 22, 2005. The minister had said that the issue of patent availability of new chemical entities and microorganisms would be referred to an Expert Committee and if as a result any amendments were suggested to safeguard the interests of these products, they would be incorporated in the new legislation later.