Photograph by Peter Bauza
The importance of pre-grant patent oppositions in increasing access to medical products
In June 2022, India's Economic Advisory Council (EAC) to the Prime Minister recommended that the period within which patent applications are open to challenge by the public be restricted to a mere six months from the date the patent claims are published.
Considering the vital record of patent oppositions in India and how they have helped ensure the affordability of medicines, the advice could end up undermining this important health safeguard that helps to preserve generic competition from India. This FAQ provides details on the patent opposition mechanism and its role as a critical public health safeguard under the Indian Patents Act.