Hidayatullah National Law University pilots research project 'A Study of the Patent Opposition System in India'

Hidayatullah National Law University pilots research project 'A Study of the Patent Opposition System in India'

Provides detailed analysis of the delay faced at every stage of the pre-grant and post-grant proceedings of doing business

The Centre for Intellectual Property, Innovation and Technology of Hidayatullah National Law University, Raipur, Chhattisgarh, has piloted the research project on 'A Study of the Patent Opposition System in India'.

The report was presented to Anurag Jain, Secretary and Shruti Singh, Joint Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry.

Authored by Professor (Dr) VC Vivekanandan, Professor Uday Shankar, and Assistant Professor Garima Panwar, the data for the project was collected by one of India's leading law firms Lakshmikumaran & Sridharan.

In a bid to streamline the pre-and post-grant proceedings and enable the ease of doing business in India, it provides a detailed analysis of the delay that occurs at every stage. It focuses on life sciences patent applications and patents to understand the recent trends in the procedure followed by the Indian Patent Office. Disagreements on these had been on from 2016 to 2021.

Elaborating on the objectives of the study, Professor Vivekanandan, who is also the Vice Chancellor of the University, said, "We undertook this study with a three-fold objective. First, to comparatively analyze the various stages of filing and opposition of patents across countries including the European Union, the United States, China, Japan, and India. Second, to critically analyze the challenges faced by the Indian Patent Office in pre-grant opposition. Third, to study the recent trends of patent applications' filing and opposition procedure followed by the Indian Patent Office."

While patent prosecution in the country is a long-drawn procedure, the disposal rate and pendency period affect the rights of the applicants. It clearly upsets the investors in ease of doing business.

Pointing out the drawbacks, Malathi Lakshmikumaran, the Executive Director of Lakshmikumaran & Sridharan Attorneys, remarked, "It is an indisputable fact that patents play a significant role in innovation and thereby, economic growth. While the Indian government has amended patent regulations to boost innovation, the pre and post-grant opposition proceedings are tedious. They often make it difficult for innovator companies to make valuable and sometimes, life-saving products reach the patients. The restructuring recommended by this report will improve the patent landscape in the country and make it more inventor and/or investor friendly, and will help in ease of doing business in India."

The recommendations highlighted in the report included:

- Allowing pre-grant oppositions to be filed within 6-12 months from the date of issuance of the first examination report.

- Immediate appointment of hearing upon receipt of a reply from the applicant.

- Robust guidelines to ensure the efficient disposal of cases.

- Clear guidelines to assess the opposition and notify the applicants.