Patentability Of Pharma Products: Indian Perspective

Abstract

The Patent Law of India has seen major amendments after TRIPS Agreement of World Trade Organisation came into force in the year 1995. These amendments were specifically needed as India had to introduce the product patent regime. It was till 2005 that India brought three major amendments in compliance of the TRIPS Agreement. However, with these amendments, it seems that the product patent regime especially related to pharmaceutical products in India is satisfactory. The law apart from protecting the interest of the inventors also provides for specific provisions that can uplift right to health. An ideal balance is sought through the various provisions contained in the patent law and interpreted by the Courts from time to time. The present paper describes the provisions of the patent law with special reference to pharmaceutical products. The relevant judicial decisions have also been analysed to understand the role of Courts in striking a balance between private and public interest.