The price-lowering effect of competition and domestic manufacturing of medicines can transform how diseases get treated in resource-poor settings. Decisions made by Indian patent offices can negatively impact generic competition and supply worldwide, relying on the availability of affordable medicines made in India. Monopolies granted by patent offices on medical products keep prices high and block local manufacturers from supplying low-cost generic drugs.
In 2005, lawmakers from all political parties amended Indian patent law to ensure that the Indian patent office did not grant monopolies on old science or for compounds already in the public domain. The new law now prevents drug corporations from indulging in “evergreening”, a common abusive patenting practice aimed at obtaining separate patent monopolies relating to the same medicine. And to bring this to the notice of the patent examiners, the amended patent law allowed any person to file a pre-grant opposition ‘anytime’ before the patent office decides to grant or reject a patent application.
This week the Economic Times[LM1] reports that the Economic Advisory Council (EAC) to the Prime Minister recommended the period within which patent applications are open to challenge by the public be restricted to a mere six months from the date of its publication.
