Analysis of product patents in pharmaceuticals for mailbox applications granted by Indian Patent Office during 2005-06 TO 2009-10

Abstract

This project deals with the analysis of the granted mailbox patent applications in India. The applications which were specifically related to the pharmaceutical product patents and filed during the period from Jan 1995- Dec 2004 are considered as the mail box applications. Prior to signing GENERAL AGREEMENT ON TRADE AND TARRIFS (GATT) agreements we had only process patents for pharmaceuticals, food and agro products. As a part of GATT agreement which was signed in December 1994, India was given 10 years to change its patent law. A pipeline protection of 10 years (1995-2005) was introduced under which a product patent application for pharmaceutical can be filed but it will not be examined till 2005 (mail box) Therefore it will be interesting to analyze the mail box patents in view of its impact on the pharmaceutical industry. The project includes the introduction to Patents and the nomenclature used in the Patents Act, 1970. It will also include a focused review on various milestones which are passed during the filing of Patents in India. The analysis involved the classification and bucketing of 2371 mailbox pharmaceutical patents granted by Indian Patent Office. The study will also highlight the most proliferic assignees their technology focus, therapeutic areas for the mail box applications related to the pharma industry.