India’s Patent Amendments

GS-2 or GS-3 Mains

Revision Notes

Question : Critically analyze the criticisms surrounding the recent amendments to India’s Patent Act

Context

• Recent amendments to India’s Patent Act rules face criticism.

Background

• Ministry of Commerce and Industry notified Patents (Amendment) Rules, 2024.
• Aims:
  • Align with international standards.
  • Promote innovation and protect inventor rights.
  • Improve patent filing and processing efficiency.

What is a Patent?

• Exclusive right granted for an invention (new product or process).
• Requires public disclosure of technical details in a patent application.

India’s Patent Regime

• Governed by the Indian Patent Act of 1970.
• Granting criteria for inventions:
  • Novelty
  • Inventive step (non-obviousness)
  • Industrial applicability
  • Compliance with specific sections of the Act
• Alignment with international regimes:
  • TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
  • Amendments to comply with TRIPS, including introducing pharmaceutical product patents in 2005.
• Signatory to IPR conventions:
  • Berne Convention (copyright)
  • Budapest Treaty
  • Paris Convention (industrial property protection)
  • Patent Cooperation Treaty (PCT)

Features of the Revamped Rules

• New ‘Certificate of Inventorship’: Acknowledges inventors’ contribution.
• Grace Period: Streamlined process for claiming benefits (Form 31).
• First Examination Report: Reduced time limit to submit foreign application details (Form 8) from 6 months to 3 months after report issuance.
• Statements of Working: Filing frequency reduced from annually to once every three years (Form 27).
  • Provision to condone delay in filing for up to 3 months.
• Renewal Fee: 10% discount for advance electronic payment (minimum 4 years).

Criticism of the New Rules

• Aligning with US law may harm public health advocacy groups.
• Accommodates demands of industrialized nations and pharma companies.
• Lack of transparency:
  • No parliamentary discussion
  • No consultation details
  • No data justifying amendments
• Increased burden on patient health groups:
  • Pre-grant opposition fees not required earlier.
• Discretionary powers for patent controller on pre-grant opposition filing.
• Indian Patent Office workload strain due to high application volume.

Way Ahead

• India’s large population necessitates affordable medications.
• Amendments may negatively impact medicine availability and affordability.
• Potential for monopolies and profiteering by big pharma companies.
• Government reconsideration urged to:
  • Safeguard affordable medicine access
  • Remove provisions favoring big pharma