The Hindu Business Line : Patents Bill to provide pre, post-grant opposition options

THE Group of Ministers (GoM) set up to look into the amendments to the Patent Act on Monday resolved some of the contentious issues and has decided to retain both the options of pre-grant and post-grant opposition to patents.

The Amendments to the Bill will now have to be cleared by the Cabinet and is expected to be tabled before Parliament during the Winter session in order to meet the WTO commitment of having a patent regime in place by January 1, 2005.

According to the Trade Related Intellectual Property Rights (TRIPS) Agreement, India has to move from the process patent to product patent regime by this deadline.

Talking to newspersons after the meeting, the Commerce and Industry Minister, Mr Kamal Nath, said, "We have resolved the issues. Now the Bill would go to the Cabinet and then to Parliament. One thing is certain that we have to meet the January 1, 2005 deadline,"

The major issue that concerned the pharmaceutical industry has been the one related to challenging the grant of patent.

The GoM appears to have decided on making a provision for both pre- and post-grant opposition to patents in drugs, pharmaceutical and the food industries. This would mean that if a patent is granted to a particular firm or individual, it could be contested both before and after the sanction of patent.

Sources indicated that the Chemicals and Fertilisers Minister, Mr Ram Vilas Paswan, had insisted that both the options of pre-and post grant opposition should be retained in the Bill.

Mr Kamal Nath said while the option of post-grant opposition to patent would be available, like in most of the countries, the Bill would provide a "credible" pre-grant contest mechanism.

"It should not so happen that pre-grant opposition can go on infinitely," he said.

The Minister also denied that the passage of the Patent (Third Amendment) Bill would lead to increase in prices of essential medicines.

When asked whether an ordinance could be promulgated in case of stiff opposition, he said "it is a procedural issue, leave it to me."

The previous NDA Government introduced the Patent Bill in Parliament but it got lapsed after the 13th Lok Sabha was dissolved before the general elections. The Cabinet under the United Progressive Alliance (UPA) then decided to revisit the Bill and referred it to a GoM.