The proposed third amendment to the country's Patent Act will set shorter timeframe for completion of different procedures. Product patent regime relating to pharmaceuticals, agro-chemical and processed foods will come into effect from January 1, next year.
Speaking to FE on the sidelines of an interactive session with the industry organised here by the Federation of Indian Chambers of Commerce & Industry, industrial policy and promotion sectretary in the Union government Ashok Jha said: "We are under obligation to enforce a product patent regime in the country by January 1, 2005 as per our commitment to WTO. We are considering various aspects to amend the existing laws to fulfil our commitment and at the same time our objective is to make laws to serve public good."

The third amendment to the Patent Act which is being drafted is likely to be tabled in the winter session of Parliament. When asked whether bio-informatics will be covered under the new patent regime, Mr Jha said: "Bio-informatics, like other softwares, is covered under the Copyrights Act. But we are still discussing whether the software embedded in hardware can be patented or not."

He said there may not be a spurt in patented products as soon as the new regime comes into force as out of 4,732 applications received so far in the mail box, only four were for exclusive marketing rights (EMRs). EMRs have been granted to only three applicants.

On whether a strong patent regime in the country will help increase the flow of foreign direct investment (FDI), director in TIFAC's patent facilitating centre, R Saha said: "There is no evidence of a correleation between a strong patent regime and FDI inflows. Recently UK had commissioned a study in which Dr RA Mashelkar was a member. The study categorically said that there is no evidence of such a correlation."

Executive director of Indian Drugs Manufacturers Association (IDMA), Gajanan Wakanker said drugs prices will shoot up in the new regime. Executive director of All India Crop Biotechnology Association RK Sinha said micro-organisms and microbiological processes had not been defined under TRIPs 1994. The government, while formulating a new patent regime, should consider this aspect. He said that as section 3(j) of the second amendment had excluded any part of the plant from being patented, DNA protiens, genes and gene sequences cannot be dealt with by the patent office. Essentially biological process is also not defined in the section, leaving a grey area.