ip_germany_patentoppositionprotest_peter_bauza_2018_msf243478_3800px Photograph by Peter Bauza
Technical brief |

The importance of pre-grant patent oppositions in increasing access to medical products

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Photograph by Peter Bauza

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.