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Wednesday 6 August 2014

Patent Controller to issue revised “draft guidelines for examination of patent applications in field of pharmaceuticals” soon

The Indian Patent Controller will soon release the revised “draft guidelines for examination of patent applications in the field of pharmaceuticals” which will help the examiners and the controllers of the patent office in achieving consistently uniform standards of patent examination and grant of patents. 

According to sources, this revised guidelines will not also be the final document as this revised guidelines would again be open for comments and suggestions by the stakeholders. After receiving the comments, the patent office once again will revise and publish the final document somewhere next month. 

Earlier, the Patent Controller had held a stakeholders' meet on July 31 in Delhi to discuss the 'draft guidelines for examination of patent applications in the field of pharmaceuticals' which was released by the patent office on February 28, 2014 and the stakeholders' comments were invited. The meet was chaired by India's Controller General of Patents, Designs and Trade Marks (CGPDTM) Chaitanya Prasad.

A presentation was made by the patent office highlighting the various important points to be discussed which were taken from the summarised comments received from the stakeholders. The meeting was attended by the patent agents, representatives of pharmaceutical companies from India as well as abroad. 

After long deliberations it was decided that the patent office would release the revised guidelines soon, after which the revised guidelines would again be open for comments. A meeting would again be convened by the patent office to finalise the guidelines somewhere next month.

These guidelines are supplemental to the practices and procedures followed by the Patent Office as published in the ‘Manual of Patent Office Practice and Procedure’, “Guidelines For Examination of Biotechnology Applications” and the “Guidelines For Processing of Patent Applications Relating to Traditional Knowledge and Biological Material”. 

Source:Pharmabiz

The present guidelines are prepared with the objective that the Guidelines will help the Examiners and the Controllers of the Patent Office in achieving consistently uniform standards of patent examination and grant. In case of any conflict between these Guidelines and the Patents Act, 1970 and the Rules made there under, the provisions of the Act and Rules will prevail. 

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