India Eyes System For Pre-Grant Patent Opposition In New Patent Regime

Law360, New York (September 27, 2004, 12:00 AM EDT) -- In a concession to the domestic drug industry, India’s government is expected to restore pre-grant opposition to patents.

The ministerial panel that is currently reviewing India’s planned overhaul of its patent system may restore the facility, which the previous government allegedly proposed to withdraw, the Economic Times of India reported.

Under a proposal set forth by the commerce and industry ministry, India would require the patents controller to issue a “speaking order” before disposing of a pre-grant representation. In effect, this means a person will have...
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