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New Controller sets to clear patent opposition cases by March
By siliconindia
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Tuesday, 17 March 2009, 22:13 IST
Mumbai: Witnessing the delays in pre- or post-grant opposition in patents, the new Controller General for patents, designs and trademarks P.H. Kurian has ordered the heads of all four regional offices to issue final orders by 31st March. The Comptroller General has issued an internal circular to give the final order in 600 patent and trademark opposition cases.
The delays in the cases has served to be an undue advantage for some companies who keeps genuine patent holders from commercializing their products and by selling their own generic versions till a final decision is made. As the pre- or post-grant opposition remain undecided, the patent holders enjoy a monopoly despite its patent rights being questioned. Kurian, who took office in January, acted on mounting complaints by companies, non-governmental organizations and individuals, reports Mint. He issued the notice to the heads of the regional office at Kolkata, New Delhi, Mumbai and Chennai for decisions on all patent opposition cases that had been heard until December. "I have been getting a number of complaints from people and companies seeking final orders from patents and trade mark office on cases, some of which were heard as many as three years ago," said Kurian.
Embedding a serious note to the issue, the circular mentioned that any lapses or violation of this circular on the part of joint controllers, deputy controllers and assistant controllers will be viewed seriously. "The move to clear the backlog is welcome but an updated procedure should not affect the quality of the orders," said Dilip G. Shah, Secretary General of the Indian Pharmaceutical Alliance (IPA), an industry body that has opposed many drug patents issued in the country after 2005.
