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First phase scrutiny to cover 3,000 drug patent requests

P.T. Jyothi Datta

Mumbai , Jan. 4

The initial signs of activity have commenced with the patent office taking up for examination over 3,000 of the 7,000-odd pharma-related patent applications in the mail-box, a ministry official told Business Line.

About a year into the product-patent regime, the patent office has received requests from companies to take up their patent applications for examination. With that legal requirement complied with, the patent office has taken up 3,000-plus applications for examination, the official said.

The patent applications will then be published and thrown open for pre-grant opposition, the official said. Pre-grant opposition allows interested people or companies to oppose the patent application before the patent is granted.

The patent office has four centres in Mumbai, Chennai, Kolkata and Delhi. However, there are concerns on the shortage of examiners and other technical staff, the ministry official said, on conditions of anonymity. Patent office representatives were not available for comment.

About 200-plus staff were sanctioned towards gearing up for the product-patent regime last year. According to the official, this vacancy could not be filled and, in fact, they are having a problem retaining or attracting talent, the official said. The Centre is undertaking measures to modernise these offices, besides contemplating measures like attractive remuneration to attract skilled people, the official said.

The process of patent examination has commenced, even as a committee headed by Dr Mashelkar looks into the definition of patentability, observes a patent attorney. Pointing out the need for more transparency, he said, patent applications should be available online, after the stipulated 18-odd months, as is the case in the US and Europe.

Related Stories:
Balancing affordability, intellectual property
Patent applications get quick clearance
Patents Bill drives a wedge between health, pharma segments

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