Roundtable Event on "Patenting of Inventions from Biotechnology and Biomedical Fields"

30^th August 2024, CSIR-NCL, Pune

The Roundtable was jointly organized by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), the Danish Patent and Trademark Office (DKPTO), and CSIR-National Chemical Laboratory (NCL), Pune. It discussed challenges, opportunities, and the need for modernizing the patent examination process.

The event focused on patenting challenges in biotech and biomedical fields. Discussions covered biotech inventions in India, emphasizing the need to address novelty and inventive steps, citing cases like Farbewerke Hoechst Aktiengesellschaft Vs. Unichem Lab and Cipla Vs. F. Hoffmann-La Roche Ltd. In biomedical patenting, non-patentable categories under Sections 3 and 4 of Indian patent law were discussed, with comparisons to Article 53 of the EPC. DKPTO discussed key aspects of the Danish patent system, including effective communication during pre-examination, procedures after the first technical examination, and medical use claims. The Chinese University of Hong Kong Vs. Assistant Controller case high lighted exclusions for "treatment" and "diagnostic." CSIR's IP initiatives were presented, with 4,697 patent grants over the past decade. Suggestions to enhance IP commercialization included IPO facilitation, infographics, and cross-licensing. NRDC's role in WIPO GREEN and the NETRA initiative for technology readiness was also high lighted.

The event recommended enhancing partnerships with international IP offices, creating an IP marketplace to support commercialization, and offering training programs for startups on IP management. It also suggested developing an integrated portal for IP schemes and periodically updating patent guidelines. Additionally, it proposed increasing awareness of IP rights through educational initiatives and public outreach programs like NIPAM, aiming to foster innovation and streamline IP procedures.