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What You Write in Your Patent
Changes in Timelines India
The following timelines apply for all patent applications pending as on May 5, 2006:
Request for Examination time line is changed. It is now 48 months from the date of priority or the date of filing the application whichever is earlier.
-Examination is now time-bound. An application to be referred to an Examiner, by the Controller, within 1 month from the date of publication, or the date of RFE, whichever is later. The Controller has to dispose off an examination report of the Examiner within 1 month of its receipt from the Examiner. The First Examination Report to be issued within 6 months from the date of RFE or the date of publication, whichever is later.
-Timeline to put application in order for Grant is now 12 months from the date of issue of the FER. No extension available.
-Opposition to Grant of Patent. No application to be granted before the expiry of 6 months period from the date of publication of the application. Specific description of timeline to file Representation for opposition is omitted. However, at least 6 months period is provided from the publication to file a Representation for Opposition. Period to respond to Notice of Representation increased from 1 to 3 months.
-Foreign Filing Permission. Foreign Filing Permission to be issued within 21 days of making such request.
-Information under Section 8. Details of corresponding applications to be submitted within 6 months of Indian Filing Date. Subsequent details to be submitted within 6 months of such corresponding filing date. Search and Examination reports to be submitted within 6 months of receiving any notification in this regard.
-Proof of Right. Proof of Right to be submitted within 6 months of the Indian Filing Date.
-Publication of Application. Applications to be published in the Patent Office Journal within 1 month of the expiry of 18 months period or within 1 month of making a request for early publication.
Monopoly for New Drugs
Indian government is considering a law that could effectively grant a monopoly to the developer of a new drug for several years even without a patent. Making generic copies of a new, unpatented drug is a hugely lucrative business in India. Once a new drug is approved for sale, other drug companies only need to point to the clinical safety data already filed with India's drug controller by the drug's original developer, and prove that their generic drug is identical to the original. But this is unfair to innovating drug companies who invest millions of dollars collecting the necessary data they need for marketing approval through clinical trials. This system allows innovative drug developers to recover little of their investment and reduces the incentive to research and develop new drugs. Opponents of the new law argue that the law would particularly affect poor people with HIV who had developed immunity to first-line anti-retroviral drugs and were waiting for the expensive second-line drugs to become affordable and can't wait until the innovative drug developer recovers its costs.
Drugs from Reddy's Labs
Companies Compete, Patients Win
Simvastatin, the generic form of Zocor, will be produced
by Teva Pharmaceuticals (up $0.82 to $32.07, Charts), the Israel-based market
leader in generic drugs, and Ranbaxy Labs of India. The Food and Drug Administration
approved generic versions of Zocor from these two companies. As determined
in patent litigation, they will be permitted to produce the drug for six
months before the market opens up to other manufacturers. Teva will produce
the generic through its subsidiary Ivax.
New HIV Drug
Buffett and Gates
Warren Buffett made the world's biggest-ever philanthropic donation by pledging to give away $37 billion, the bulk of which will go to the Bill & Melinda Gates Foundation. The investor said he hoped his generosity would spur other wealthy people to donate more to foundations.
Source: The primary sources cited above, BBC News, New York Times (NYT), Washington Post (WP), Mercury News, Bayarea.com, Chicago Tribune, USA Today, Intellihealthnews, Deccan Chronicle (DC), the Hindu, Hindustan Times, Times of India, AP, Reuters, AFP, womenfitness.net etc.
Notice: The content of the articles is intended to provide general information. Specialist advice should be sought about your specific circumstances.
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