The Hindu Business Line : Domestic pharma cos differ on Mashelkar report

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Incremental inventions must get patented only if they pass the tests of novelty, innovation, commercialisation — Mr Ramesh Adige, Executive Director, Ranbaxy.
New forms of known substances are not necessarily easy to come by or commercialise — Dr Swati Piramal, Director-Strategic Alliances & Communications, Nicholas Piramal.

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New Delhi Feb. 20 Indian pharmaceutical industry is divided on the question of grant of patent protection for `incremental innovations' as recommended by the Mashelkar committee.

While companies like Nicholas Piramal and Ranbaxy have welcomed the report , the Indian Pharmaceutical Alliance, Indian Drug Manufacturing Associations and others have some serious objections. "The fact that Novartis has brought up the Mashelkar report (in support of its application currently under a legal challenge) only vindicates the IPA's stand that the report has gone beyond its term of reference," said Mr D.G. Shah, Secretary General, Indian Pharmaceutical Alliance.

"It's ironic that the Mashelkar report set up as an advisory to the executive arm of the Government on patent reforms is being used in a court of law to challenge the Indian Patent Act," says Mr Sudhir Krishnaswamy, Assistant Professor, National Law School.

Ranbaxy's Executive Director, Mr Ramesh Adige, said the company believes incremental inventions must get patented as long as they clearly pass the three-way tests of novelty, innovation and commercialisation. "However, Ranbaxy was also of the view that frivolous inventions should not be given patents," he added.

The company, which is also a party to the ongoing hearing of the Novartis case at the Chennai High Court, refused to comment on the case.

Finding forms

New forms of known substances are not necessarily easy to come by or commercialise, argues Dr Swati Piramal, Director-Strategic Alliances & Communications, Nicholas Piramal.

"I have scientists who have approached me with proof of an existing Ayurvedic medicine that also seems effective in treating Malaria. It will be ironic if a new use patent is filed by an Indian company globally and the product is not launched in the country for lack of patent protection," said Dr Piramal.

She also points out that provisions of pre-grant opposition (as well as post-grant opposition) in the existing Indian patent law provide a check to frivolous applications. However, Mr Krishnaswamy felt the report would benefit only a handful of big pharma companies, not the entire domestic industry or the consumer.

Giving the report its due, experts say that it does stress on the importance of distinguishing between genuine incremental innovations and `ever-greening', the patent trick that large pharma giants use to extend existing patent lives and market monopoly.