Managing Intellectual Property

Patent manual causes debate in India

22 August 2008

Peter Ollier, Hong Kong

A draft of India’s new manual for patent examiners is causing controversy because of clauses dealing with the patentability of new drugs and software programs

IP India is holding a series of consultations on the manual. NN Prasad, joint secretary of the Department of Industrial Policy and Promotion at the Ministry of Commerce, chaired the first meeting in Delhi on July 24. After the meeting, IP India said in a statement that the meeting raised issues about “applications for patents in biodiversity, software, pharmaceutical products as well as on electronic filing”.

If approved, the Manual of Patent Practice and Procedure would not have the force of law, but would act as a guide for examiners. It contains a section that explains to examiners how to interpret the...



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