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About the Book Section 8 of India’s Patents Act mandates that patent applicants must inform and regularly update the Indian patent office about the status of corresponding applications filed in other countries. This provision aims to facilitate a rigorous examination of patent applications. However, its implementation and enforcement are being undermined due to pressure from industry groups and unfavourable trade agreements, among other factors. A weakened Section 8 compromises the quality and integrity of the patent examination process in India, leading to the grant of many undeserving patents. This is particularly concerning in the pharmaceutical sector, where patent evergreening is rampant. Allowing low-quality, frivolous patents can impede access to medicines. Instead of diluting the effect of Section 8, its implementation and enforcement should be strengthened to safeguard patent quality, ensure an enabling environment for competition and domestic research and development, and strike a balance between patent rights and public interest. About the Author ROSHAN JOHN is a lawyer and works on intellectual property issues in medicine. Email: john.roshan@outlook.com Contents 1 Introduction and Background 2 Statement and Undertaking Regarding Foreign Applications a. Overview of Section 8 b. Legislative intent and rationale of Section 8 3 Challenges to Section 8 a. Patents (Amendment) Rules, 2024 b. WIPO CASE and DAS systems 4 Importance of Section 8 in Ensuring Patent Quality, Transparency and Access to Medicines a. Addresses information asymmetry b. Prevents frivolous and evergreening patents 5 Conclusion and Recommendations Endnotes
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