Indian Industry Divided Over Review of 86 Patents
Published Online: 10/03/2009 By Anju Ghangurde


A recent request by Indian companies seeking the reexamination of 86 local patents for reasons such as inadequate scrutiny has evoked strong reactions across industry.
The Organisation of Pharmaceutical Producers of India (OPPI), which represents multinational companies, said that India's existing patent system offers adequate opportunity to challenge patents that have allegedly been granted wrongly. "After publication of the patent applied for in the patent journal, one can file a pregrant opposition. Assuming someone has missed this opportunity, the provision for filing post grant opposition
will still be there," Tapan Ray, director general of OPPI, told Scrip.
If both the opposition opportunities are missed, there still exists the option of going to court to invalidate such patents, OPPI added. "In the absence of any of the above measures not being taken, the reasons and motive behind allegations that Section 3d is being violated, are indeed very difficult to understand," Mr Ray said.