Indian Patent Office Releases Guidelines For Applications Relating To Pharmaceutical Inventions

20 Oct, 2015

By FICPI Member Sharad Vadehra

The Indian pharmaceutical industry is well known for its global success story and market leadership in producing generic drugs. However, in order to lead to higher quality patent applications, the Indian Patent Office has recently released examination guidelines for applications relating to pharmaceutical inventions. These guidelines have provided relief to applicants as well as Attorneys on various issues faced during the examination stage of the patent application process, such as lack of clear explanation regarding codified Sections, lack of adequate case law, the presence of different practices followed by the Examiners, etc. Accordingly, these guidelines are a welcome step in bringing uniformity to examining patent applications in the field of Pharmaceuticals. It is to be noted that these guidelines are not law of the land and can be challenged in a Court of law. The article, prepared by Mr. Sharad Vadehra with and for FICPI-INDIA, highlights the various issues that still need to be looked at in these guidelines.The Indian pharmaceutical industry is well known for its global success story and market leadership in producing generic drugs. However, in order to lead to higher quality patent applications, the Indian Patent Office has recently released examination guidelines for applications relating to pharmaceutical inventions. These guidelines have provided relief to applicants as well as Attorneys on various issues faced during the examination stage of the patent application process, such as lack of clear explanation regarding codified Sections, lack of adequate case law, the presence of different practices followed by the Examiners, etc. Accordingly, these guidelines are a welcome step in bringing uniformity to examining patent applications in the field of Pharmaceuticals. It is to be noted that these guidelines are not law of the land and can be challenged in a Court of law. The article, prepared by Mr. Sharad Vadehra with and for FICPI-INDIA, highlights the various issues that still need to be looked at in these guidelines. 

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