Few follow up patent claims

Less than one-fourth of the applicants who had put their product patents applications in the mailbox have actually sought the examination of their applications.

The patents offices have received requests for processing 2,488 applications against the 8,926 mailbox applications which were opened on January 1 after the product patents regime came into effect, an industry department official said.

From 1995 onwards, those seeking product patents were allowed to file applications in the mailbox, which were to be opened only after the implementation of the new regime.

A smaller number of applications seeking examination indicated that a number of applications were filed in anticipation that a breakthrough would be made after the proposal was filed with the patents office.

Of the total mailbox applications, nearly 7,000 dealt with patents relating to the pharma sector, while the remaining were for agro-chemicals.

Ashok Jha, secretary, department of industrial policy and promotion, said no product patent would be issued in the first year. He also ruled out the possibility of an increase in drug prices.

"Since it takes around 52 months to process patents, it would be at least two-three years before any patent is granted on the applications in the mailbox," Jha said.

He pointed out domestic drug manufacturers would not have to stop manufacturing drugs patented abroad as the foreign companies, which held the rights, would first have to seek a patent in India.

"Until the patent is granted, the local companies making the drug would not be liable for damages. No patent will be granted for molecules patented prior to 1995," he said. Jha added that the impact of product patents would be minimal since a mere 3 per cent of the drugs were on patents.

All the applications in the mailbox can ask for an examination within 36 months from the date of filing of the application. This time period was 48 months earlier.

Ministry officials said that list of applications in the mailbox can be obtained by the industry from the patent offices. Officials said that efforts were on to computerise the patent offices to handle the additional work load on account of the product patent regime.

"Modernisation of the Delhi and Kolkata office is expected to be complete by February, Chennai by March-April and Mumbai by May-June," an official said adding that the number of examiners was also being increased to 270 from 35 earlier.