India is one of those countries that have witnessed a sharp economic growth in last few years and companies are luring to invest here, viewing the large size of the market and a stable Government rule. India Patent System adopted universally accepted patent regimen in the year of 2005 and since then it is a member of the TRIPS (Trade Related Aspects of Intellectual Property Rights). But in last few years there has been a huge hue and cry over its patent regimen and multinationals are suing the Government in the Court for not doing enough to protect the interest of the inventors.
Also Read: How Can I Get Patent in India for My Idea or Invention?
With this article, we are going to underline some myths that are often associated with Indian Patent System and will explain why such is not the case.
We will go through some myths about Indian Patent System, but there are some advantages of filing within Indian Patent System, as well. Learn here: What are advantages of getting patent in India?
Myth no 1- IPO Rule Doesn’t Protect Innovation in Medical Field- Patents are one of the most potent means to generate revenue out of the investments done in a particular research. The stand of the multinationals is that R&D is done not for charity but to encourage innovation and hence Indian Government should adopt policies that are conducive to inventors and developers. This myth got free lease of life when the Supreme Court turned down the patent application of Novartis intended to protect crystalline form of its blood cancer drug “Imatinib” old under the brand name “Glivec”.
However the truth is that the crystalline form of “Imatinib” sold under the brand name “Glivec” was not adding anything to its efficacy or therapeutic value and hence the application was turned down. Ever-greening of existing patent had been a general rule in the arena of pharmaceutical patents and it was important for the Court to ensure that the “Novelty” and “Usefulness” of a patent is maintained throughout the life-cycle of a patent.
Myth no 2- IPO takes more time to grant a patent: India moved to the product patent regime in the year of 2005 and since then the number of patent filing has increased exponentially. This unpreparedness of the patent office collapsed the system for a certain period of time but after that it has revamped its infrastructure and operational mechanism to streamline the process of patent grant in India. In such an attempt it recruited 459 examiners and controllers to clear the backlog.
Myth no 3- Compulsory licensing is the devil: Another myth that is usually linked with Indian patent system is “Compulsory Licensing”. Companies particularly those from the field of pharmaceutics are unwilling to do charity under any circumstances. However, unlike United States and other developed countries India is a developing one and more than 60% of its population is living below the poverty line. In such circumstances it is prudent for the Government to safeguard the interest of mass.
Check Out: Whether my invention is patentable in India or not? Here is the Answer!
Myth no 4- India is not implementing liberalization rules truly: According to foreign players filing patents in India has become a troublesome affair as the patent laws are not implemented as per the TRIPS and other agreed conventions. However, the truth is that India has done everything to ensure that the interests of the inventors are not compromised but at the same time we need to consider that India is a developing nation and every Government is supposed to ensure that the interests of the mass is protected.
For complete insights about Patent filing in India, read: Patent Filing in India: Specifications, Forms, Procedure, Examination & Cost Incured
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