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Strategies & Market Trends : India Coffee House -- Ignore unavailable to you. Want to Upgrade?

To: Papillon who wrote (900)	5/26/1998 12:45:00 PM
From: Mohan Marette	Respond to of 12475

Viagra anyone??? Papillon: Knocking off Pfizer's Viagra is perhaps due the weak or non-existent patent laws in India. I think it may be one of the issues that WTO is looking into. I don't know all the details but I will let you know if I find anything on it.

To: Papillon who wrote (900)	5/26/1998 1:05:00 PM
From: Mohan Marette	Respond to of 12475

Indian patent law. Papillon: Obviously there is a patent law but... +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ India is not a member of the Paris Convention. Priority claims can now be made on the basis of the Government of India notification of 3rd January, 1995,designating 72 WTO countries including on par with the 6 convention countries under the Patents Act 1970. Priority cannot be claimed from EPO/PCT application even if it designates one of these countries. After filing a Patent Application The First Official Report issues after 2 1/2 years and from the date of First Official Report, the applicant has 15 months to put the application in order for acceptance. There is no separate procedure or application for initiating the search or examination of the application. The application is examined automatically in serial order. Priority in examination is given only to applications relating to food and drugs. On acceptance the application is advertised for opposition. A patent is normally granted two years after acceptance if there is no opposition. Life of a Patent in India is 14 years from the date of application subject to renewal every year after the second year. Food, Drugs and Agrochemical patents are granted for 5 to 7 years only. (7 years from the date of filing or 5 years from the date of grant, whichever is less). In India novelty requirement is absolute - prior publication anywhere in the world or prior use in India is a statutory bar. However, prior use outside India is not a Bar The following are Not Inventions Under the Patents Act,1970 :- (A) A substance obtained by a mere admixture resulting only in the aggregation of the property of the components thereof or a process for producing such substance,unless synergistic results are obtained. (B) A method or process of treatment applicable during the process of manufacturing for rendering the machine, apparatus or any other equipment more efficient or for the improvement or restoration of the existing machine or equipment or for the improvement or control of manufacture. (C) A method of agriculture or horticulture. (D) Any process for the medicinal, surgical, curative prophylactic or other treatment of human beings or any process for similar treatments of animals or plants to render them free of disease or to increase their economic value or that of their product. (E) Any invention pertaining to Atomic Energy or radioactive substances. (F) Mere discovery of a new use of property of a known substance or process or machine or apparatus unless such process results in a new product or employs at least one new reactant. (G) Alloys (H) Patents for Method of Manufacture alone are allowed in the following cases : (a) Inventions claiming substances intended for use or capable of being used, as food or as medicine or drug, or insecticide or the like. (b) Inventions relating to substances prepared or produced by chemical process including alloys, optical glass, semi-conductors and intermetallic compounds. Special Provision for Food and Drug Patents Licences of Right : Patents relating to a method or process for producing substances being or capable of being used as food, medicine or drugs or relating to substances produced by chemical process including alloys, optical glass, semiconductors and intermetallic compounds are automatically endorsed 'Licences of Right' from the date of expiry of 3 years from the date of sealing. Thereafter any person can have a licence without establishing any grounds. For food and drug patents (not for other chemical patents) the royalty shall be limited to 4% of the net ex-works price. Here is some more info on the subject. derwent.com