India Looks To Tighten Rules For Filing Pharma Patents

In a move that is likely to concern brand-name drugmakers, the Indian Patent Office is considering a proposal that would require the generic drug names assigned by the World Health Organization to be disclosed on patent applications, according to The Economic Times. And if the proposal is approved, India would become the first country to mandate this condition. The requirement would make it easier for patent examiners, generic drugmakers and patient advocates to block what some call ‘frivolous’ incremental patents from being granted and also make it more difficult for brand-name drugmakers to receive patents for incremental innovations, which some argue do not demonstrate any increased effectiveness for an existing medicine, the paper writes. “We are currently consulting key stakeholders on the feasibility of mandating disclosure of WHO-assigned INN (international non-proprietary names) in the pharma patent applications, wherever applicable," an official at the Indian Patent Office told the Economic Times. "A final decision, however, has not yet been taken on the matter." The proposal comes as India is already under fire for its handling of patents. In particular, the pharmaceutical industry has been critical of a decision last spring by the Indian Supreme Court, which rejected a patent sought by Novartis for its Gleevec cancer medication. A previous government ruling denied its request after deciding a new form of the drug did not meet a standard for enhanced efficacy...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs