Some clauses in the draft Patents (Amendment) Rules, 2023 have triggered fears that important public health safeguards against patent evergreening and unmerited monopolies will be diluted. Civil society organisations, academics, and intellectual property and public health experts have voiced their concern that the Rules — released last month by the Department for Promotion of Industry and Internal Trade for stakeholder comments — will hurt people’s rights to file pre-grant opposition to patents.
The proposal comes after persistent lobbying from the multinational pharmaceutical industry over the last year to remove essential safeguards from India’s patent laws, the group said. It has caused significant concerns among patient groups working to ensure access to affordable medicines, diagnostics, and vaccines for patients in India and other developing countries.
According to the government, the draft Rules aim to streamline the operations of the patent office and expedite patent processing timelines.
