Govt to consider ordinance for patent law amendment

NEW DELHI: The government is expected to consider on Wednesday promulgating an ordinance for amending the Patents Act in line with the country''s WTO obligations.

The amendment will introduce a product patent regime from January 01, 2005.

The Cabinet, which had discussed the amendments at its last meeting on Friday without taking a decision, is likely to take up the issue again next Wednesday and consider the need for an ordinance.

After failing to table a Bill in the Parliament, the government is only left with the option of promulgating an ordinance to bring the country in line with Trade Related Intellectual Property Rights.

A Group of Ministers, headed by Defence Minister Pranab Mukherjee, has already made recommendations on patent law to the Cabinet with a view to address the concerns of the domestic industry and the Left parties.

The new law proposes to introduce "pre-grant opposition", a major demand of the industry, but limits it to a period of 48 months.

Domestic industry has also sought clear definition of patentability of molecules. The industry says that new usage of old molecule, which was allowed in the Bill brought in by the NDA government, should be changed as it could give way to "evergreening" of patents. The industry asked the government to keep parallel imports out of the purview of patentibility, besides strengthing provisions regarding compulsory licensing.

Commerce Minister Kamal Nath has already said that the government had addressed all concerns voiced by the domestic industry and the Left parties and would bring in a law which would be "credible".