01.20.19

The Indian Ministry of Commerce Tries to Bend Patent Law in Favour of Foreign Monopolies

Posted in Asia, Patents at 3:11 am by Dr. Roy Schestowitz

Monopolies and monopolists have long attempted to accomplish this

India hand

Summary: There’s an attempt to tilt patent law against the interests of India; but vigilant few are observing and reporting it, even in English

THE ISSUE or the subject of software patents in India — like software patents in the EPO, the USPTO and China — is central to this site. We’ve long written on the matter, seeing that the EPO increasingly grants such bogus patents, the USPTO drifts further away from courts (35 U.S.C. § 101 caselaw) [1, 2] and patent trolls’ front groups try to compel India to allow such patents. The patent microcosm and the patent ‘industry’ (patent offices included) is eager to grant yet more fake patents which would be invalidated if challenged in courts such as the Federal Circuit or the Patent Trial and Appeal Board (PTAB). The way they see it, that’s not their problem and the price will be paid by scientists and technologists, who are basically being ‘taxed’ by law firms.

“The monopoly of patents is often justified as an incentive to promote R&D. But in practice, patents are used to control competition and give fewer options to consumers.”
      –The Wire
“The government’s new proposals on patents may increase frivolous patents,” warned this new article (from last week), noting a recent proposal:

The Ministry of Commerce has floated proposed changes to the rules of the Indian patent Act.

Two of the proposed changes are very concerning. It proposes a new mechanism which will expedite decisions on patent applications. This proposed fast-track process seems to come with various other compromises on the functioning of India’s patent architecture and for protecting access to medicines, for example.

The monopoly of patents is often justified as an incentive to promote R&D. But in practice, patents are used to control competition and give fewer options to consumers. Towards this purpose, big corporations are known for obtaining multiple patents claiming minor changes on the same technology or molecule. This practice of creating patent-fences adversely impacts the industrial and technological development of countries like India, by preventing their firms from catching up with the latest technology.

India is a relatively poor country (if measured per capita), so patent maximalism never made sense for it. Some patents may be fine, but those which price medicine out of reach (for those in most desperate need) would be fatal. Since one of India’s biggest exports is software (code), software patents make no economic sense, either. Let alone purely practical sense…

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