DRAFT GUIDELINES FOR EXAMINATION OF PHARMACEUTICAL PATENT APPLICATIONS

The Indian Patent Office has published "draft" Guidelines for examination of Pharmaceutical patent applications on 28 February 2014.

Apart from a general directive aimed at stricter examination of pharmaceutical Patent applications, the Indian Patent Office has laid down guidelines for examiners to ensure:

  • Support of all embodiments of claims in the specification, in case of Markush claims
  • Prior Art Search done by examiners to include the International Non-Proprietary Names (INN) of compounds. Please note that the Indian Patent Office had earlier notified all applicants to ensure that the International Non-Proprietary Names (INN) of compounds is included in the patent specification.
  • Pharmaceutical USE Claims will be objected to and deemed non-patentable.

Please click here to download the draft Guidelines for examination of Pharmaceutical patent applications.







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