The multinational pharmaceutical companies that have filed patent applications for their blockbuster drugs in India may find public health NGOs, and not the domestic pharmaceutical companies, as their toughest opponents when it comes to pre-grant oppositions. The NGOs' determination to ensure cheap generic drug options available would see them fight tooth and nail against all apparently 'frivolous' patent applications. On the contrary, the domestic companies could be persuaded to drop their oppositions by striking mid-way deals and business compromises it is felt.

Interestingly, patient groups and public health NGOs have already filed pre-grant opposition on select drugs (mainly HIV / AIDS drugs) in patent offices across the country. The NGO intervention is a totally new phenomenon as opposition to patent applications was entirely an industry initiative during the pre-product patent days. "There was no need for public health activists to intervene as process patent allowed production of patented molecules through a different process. Never was the availability and affordability an issue before Indian patients," NGO representatives said.

Predictably, a series of recent workshops, organized by Centre for Trade Development (Centad) in Hyderabad, Mumbai and New Delhi to sensitize all stakeholders on the possibilities of pre-grant patent opposition was well attended by public health groups. The Centad event was also appreciated by large number of domestic industry, thereby indicating the possibilities of more players in this segment. The organisers had tried to explain the concept and importance of pre-grant opposition on pending patent applications, in order to generate awareness about the potential of this mechanism. "Our objective was to increase support, among the senior management of relevant organization and companies for the preparation and submission of pre-grant opposition. We wanted these organisations to pro-actively use the pre-grant mechanism and thereby ensure the grant of fewer frivolous patents," the organisers said.

Of the 150 pre-grant oppositions filed with Indian patent offices, over 50 are by Torrent Pharma. Ranbaxy accounted for an equal number. Cipla is another Indian company that has filed some pre-grant opposition. Apart from these companies and a couple of pre-grant oppositions from patient groups/ NGOs, majority of the domestic pharmaceutical industry seems oblivious to the pre-grant option. "The tremendous interest generated by the workshop is an indication of the growing interest in pre-grant opposition filings. The companies may find this as a business option," K M Gopakumar, Centad said.