TWN Info Service on Intellectual Property Issues (Sept23/06)
27 September 2023
Third World Network

Dear friends and colleagues,

We are pleased to share with you the Third World Network Submission to India’s Department for Promotion of Industry and Internal Trade (DPIIT) pertaining to the Draft Patent (Amendment) Rules, 2023 attached here. The soft copy is also available: TWN submission on India’s Draft Patent (Amendment) Rules 2023

The Ministry of Commerce and Industry had proposed and published the Draft Patent (Amendment) Rules, 2023 (hereinafter the “draft Rules”) on August 23, 2023. DPTTT solicited views from all stakeholders on the proposed amendments. While the stated objective of the proposed amendments is to expedite the process of granting patents, many proposed changes in the draft Rules have raised critical concerns which will affect public interest safeguards and lead to granting patent monopolies against the provisions of the Patents Act especially under Section 3. 

This submission touches upon three broad issues that may severely impede access to affordable medicines. The three issues are:

I. Pre-grant Opposition

II. Working of Patents Requirement

III. Information on Foreign Filing Requirements

With best wishes,

Third World Network