With the Union Cabinet expected to take up the Patent (Amendment) Bill on Wednesday, domestic pharma companies have said the government should use the flexibilities available under the TRIPS agreement and warned that the Bill in its original form could lead to ever-greening of patents and rise in prices of drugs.
Indian Pharmaceutical Alliance, which represents leading domestic pharma companies, pointed out that allowing patenting of marginal changes or improvements to form of previously patented compounds, as was proposed in the previous Bill, will promote 'evergreening' of patents and delay the entry of generics.
Seeking exclusion from patentability for new forms of previously patented compounds and right of hearing in pre-grant opposition proceedings, IPA, in a letter to Commerce Minister Kamal Nath, said ignoring these two points could lead to foreign companies claiming patents on products that are already in Indian market.
The IPA said this was evident from the fact that more than 4,000 patent applications have been filed in the Mail Box, whereas not even 250 new drugs (new chemical entity) have been invented since 1995. This could force withdrawal of medicines already in Indian market and consequential increase in prices, it said.
"We understand that the Bill is likely to be introduced in Parliament without any change from previously introduced Bill, which had lapsed. If this is so, it would also amount to overlooking an opportunity to make a decisive use of the flexibilities under TRIPS Agreement," IPA said.