The Hindu : A patent mistake

Online edition of India's National Newspaper
Thursday, May 23, 2002

Opinion

Opinion - Letters to the Editor

A patent mistake

Sir, __ This is with reference to ``A Patent mistake'' by Rajeev Dhavan (May 17). The article does not give the correct picture with regard to the amendment to the Patents Act, 1970. While it is not intended to indulge in a debate, it is only appropriate to clarify the issues raised in the said article.

The passage of the Patents (Amendment) Bill in the Rajya Sabha also included formal voting on account of division on some issues. And both the Houses passed the Bill only after several hours of detailed discussions.

The reconsideration of the Bill in Parliament was preceded by a detailed examination by the Joint Committee of Parliament, which recast several provisions and restructured Chapter XVI dealing with compulsory licences. The Committee paid special attention to issues concerning public health and nutrition. The gains of the Doha Declaration on Public Health have been incorporated.

The definition of "invention" has been revised and made specific. Public interest provisions have been given utmost consideration and the law can meet virtually any eventuality.

It is sad that the constructive consensus on Parliament in matters of national interest and the fulfilment of international obligations has not been seen in the correct light.

Shipra Biswas,

Addl. PIO, Ministry of Commerce & Industry, New Delhi

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