Restriction on the scope of patentability to prevent the granting of patents for frivolous inventions is one of the significant public interest safeguards in the Indian Patents Act. Granting patents on frivolous inventions can create undesirable monopolies, particularly in critical pharmaceutical products, and also stifle innovation. The Section 3 of the Patents Act excludes various types of frivolous inventions from patent protection to address the above concerns. Despite clear exclusions, the Patent Office has, over the past two decades, granted numerous patents on claims that violate these provisions. This trend undermines the intent of the law and risks creating barriers to innovation and access to essential medical products.
The Roundtable on Accountability of the Patent Office was held to discuss how the frivolous grant of patents is hampering the innovative system in the country. The main objectives of the meeting were as follows:
- Generate more awareness regarding the need to enhance the accountability of the Patent Office
- Bring together evidence in grant of patents from various technological areas
- Document the practices of the Patent Office, which are detrimental to technological advancement and innovation by deviating from Section 3
- Discuss measures to enhance the accountability of the Patent Office.
Public health experts, policy researchers and analysts, academicians, and representatives of civil society organisations attended the roundtable held in New Delhi.
Key Takeaways and Action Plans
- Documentation for collecting evidence and undertake systematic review of the patents being granted in violation of law
- Strategic litigation for non-enforcement of Form 27 submission is required
- Litigation can be moved to put medicines in the National List of Essential Medicines (NLEM) under the price control
- Academic inputs are required and students and those teaching in academic institutions should be engaged
- Focus on Patent Watch Initiative. Draft a paper or memoranda or petition citing immediate things such speaking order, Form 27, and concerns on large number of patents. Writing op-eds, opinion pieces, and reach out to the Parliamentarians required
- Submit letters to the Comptroller and Auditor General of India requesting for Performance Audit of Patent Office, the Central Vigilance Commissioner for Vigilance Inspection of Patent Office and the Chairman of the Parliamentary Standing Committee on Commerce and Industry for inquiry into the functioning of the Patent Office.
