The Hindu Business Line : `Changes to Patent Act in the interest of consumers, industry'

THE Government today reiterated that the amendments to the Patents Act were made keeping in mind the interests of the consumer and the domestic industry.

In an interactive session organised by the Federation of Indian Chamber of Commerce and Industry, Mr Ashok Jha, Secretary, Department of Industrial Policy & Promotion, clarified that the Act provides for pre-grant opposition and not mere representation.

"We did not want a situation where pre-grant cases can be dragged. The law will take care of genuine concerns," he said. Also, specific timelines have been put in place for grant patents has been reduced from a maximum period of 104 months to 52 months and the minimum period from 27 months to 5 months.

On the issue of evergreening, the official said that Act has adequately taken care of this. "There are about 15 exclusions which include admixture, new forms of dosages, new delivery systems and frivolous patents." He added that the Government has supported the domestic industry on the issue of allowing the originator company from charging royalty only after the grant of the patent and not from the retrospective effect.

Meanwhile, the Government has agreed to revisit the ambiguous provisions of the patents ordinance and rules to make the product patent regime credible and protect the interests of consumers and producers.

While the Government had erred on the side of the Indian companies and public health insofar as local working issues were concerned, Mr Jha said certain provisions that were exercising the minds of patent attorneys such as new use, patenting of software and "high" patent fees would be looked at afresh to address the concerns of industry.

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