Open the mail box, India

Under a 1999 Amendment to its Patents Act, India is required to open the “mail box” today and refer the patent applications contained within for examination.

The “mail box” was created as a temporary holding cell for patent applications in the fields of pharmaceuticals and agricultural chemicals. Patent protection in these fields has not been historically available in India, and is required to be available tomorrow, January 1, 2005.

So, the “mail box” opens today and the applications are referred to Examiners for examination under the provisions of the new Act, which, to be TRIPs compliant, must include pharmaceuticals and chemicals as patentable subject matter.

But, what if India has not yet amended its Patents Act to extend patentability to these fields? (It hasn’t) Good question.

It is estimated that there are about 5000 applications in the “mail box.”

See this prior PTP post for more information.