According to the news published in economic times indian patent office is considering mandatory disclosure of inn (international non proprietary names) in patent application for pharmaceuticals.
This is another first of its kind provision patent office wants to include as nobody in the world even considered. The motive behind this consideration is to help examiners, generic industry and public as large as well. They said it would bring more clarity in identifying the pharmaceutical substance in the claimed product. Also it would help to weed out frivolous inventions by filing opposition to the same.
But on the other side body represntating the multinationals has opposed this move. According to them it is another burden to innovator companies to comply with as they already dealing with section 8 and section 3d requirements. Another point of contention was that it is not always possible to innovator to disclose inn of exact compound, for example at the time of filing basic substance patent. Because hundreds of compounds are disclosed and claimed in patent when these compounds are in pre clinical or even in earlier phase. So it is not possible to exact disclose which one would be the active substance or pharmaceutical product.
The consultation was held on oct 9, where all four patent office and some law firms discused this issue. Patent office has also asked for the submissions regarding the same. Lets wait and watch what would be the next course of action by indian patent office against multinational companies, as ipo is already under pressure by these companies for not complying TRIPS.
This is another first of its kind provision patent office wants to include as nobody in the world even considered. The motive behind this consideration is to help examiners, generic industry and public as large as well. They said it would bring more clarity in identifying the pharmaceutical substance in the claimed product. Also it would help to weed out frivolous inventions by filing opposition to the same.
But on the other side body represntating the multinationals has opposed this move. According to them it is another burden to innovator companies to comply with as they already dealing with section 8 and section 3d requirements. Another point of contention was that it is not always possible to innovator to disclose inn of exact compound, for example at the time of filing basic substance patent. Because hundreds of compounds are disclosed and claimed in patent when these compounds are in pre clinical or even in earlier phase. So it is not possible to exact disclose which one would be the active substance or pharmaceutical product.
The consultation was held on oct 9, where all four patent office and some law firms discused this issue. Patent office has also asked for the submissions regarding the same. Lets wait and watch what would be the next course of action by indian patent office against multinational companies, as ipo is already under pressure by these companies for not complying TRIPS.
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