[Ip-health] India Patent Office seeking comments on Guidelines for examination of patent applications in field of Pharma

Shailly Gupta shailly.gupta at geneva.msf.org
Tue Mar 4 01:16:59 PST 2014


India Patent office have released Guidelines for examination of Patent
Applications in the field of Pharmaceuticals and have sought comments on the
same by 21st March 2014. The document draws heavily from the analysis of
court cases around patent oppositions and include Novartis case as example
as well. The objective is to develop the guidelines that will help improve
the examination standard and will introduce harmonious practice amongst the
technical Officers of the system keeping in view the recent court cases.
Attached are the guidelines for your reference. 

 

The following sections of the Patents Act, 1970 are emphasized in the
context of examination of applications in pharmaceuticals and allied fields:


 

a. Section 2 (1) (j): Novelty, inventive step & industrial applicability of
products or processes, 

b. Section 3 specifies that the following are not patentable inventions
within the meaning ofthe Act: 

(i) Section 3 (b): Inventions contrary to morality or which cause serious
prejudice to human, animal or plant life or health or environment, 

 

(ii) Section 3 (c): Discovery of any living thing or non-living substance
occurring in nature, 

(iii) Section 3 (d): Mere discovery of new form of known substance which
does not result in enhancement of known efficacy or mere discovery of any
new property or new use for a known substance, 

(iv) Section 3 (e): Mere admixture resulting only in aggregation of the
properties of the components thereof or a process for producing such
admixture, 

(v) Section 3 (i): Method of treatment and diagnosis, 

(vi) Section 3 (p): An invention which in effect is traditional knowledge
orwhich is an aggregation or duplication of known properties of
traditionally known component or components, 

c. Section 10 (4): Sufficiency of disclosure, the best method of performing
the invention and claims defining the scope of invention, and 

d. Section 10 (5): Unity of invention and clarity, succinctness and support
of the claims. 

 

-------------------------------

 

Shailly Gupta

Advocacy and Communication Officer

MSF Access Campaign

K-30 First Floor, Jangpura Extension

New Delhi -  14

Ph: +91-11-41823783/84

M: +91-9899976108

 

Please sign MSF's DR-TB Manifesto today:
<http://www.msfaccess.org/TBManifesto> www.msfaccess.org/TBManifesto

 

 

 

 




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