It is a different ball game in the case of patents’ filing in India

It has come to the notice that despite the presence of a patent law that guards against giving exclusive commercial rights for modifications of existing medicines, research firms, both multinational and domestic, have tried their luck on 80 patent applications on TB drugs pending with Indian patent offices across the country. Patent applications on various drugs for both new processes as well as modified product forms are pending on Rifampicin, Moxifloxacin, Quinoline, Aminoquinoline, Ethylene diamine, and Fluroquinolone. The current dispute is centred on whether improvements on known substances are patentable under Indian Patent Act or not. While 70 patent applications are aimed at product and process by product patents, 8 are on diagnostic techniques and two applications are on method of treatments. The patent office is yet to ascertain the merit of these applications. These applications on patents are being filed even as Swiss multinational Novartis and the central government are involved in a legal tussle over the issue of refusing patents to Glivec, a global blockbuster anti-cancer drug.


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