A team of researchers and patent lawyers have revealed that about 72% of pharmaceutical drug patents in India are granted for marginal improvements and might have skipped elaborate scrutiny. The report studied the prosecution history of few grants and the claim language of all the patents granted during 2009-2016. It stated that the grants were likely contravention of anti-evergreening provisions under section 3 of the Indian Patents Act.
The report pointed out that 72% of granted patents are secondary which have been granted for marginal gain over the previously known drugs, whose primary patent already exist. The report suggested that only 15% of granted secondary patents were included for elaborated scrutiny along with a written order of the Indian Patent Controller. It pointed out that, “ In most cases, the relevant exception to patentability has not been appropriately cited in the…
