Inventions and Drug Patents Siddharth Chaturvedi Mentor Shri

Contents Project Overview Goals and Objectives Recapitulation Results and Discussions Key Findings Research Methodology

Project Overview “… the very first official thing I did in my administration- and

Goals And Objectives Patent Office Patent Laws “Good” Patent Laws 2012 Rakshak Foundation. All

A Recapitulation of the Work Done-The Scope Presentation 1 • Historical development of Patent

Research Methodology Patent Law Supreme Court Judgment Mentor Discussion Literature Review Market Reports 2012

Key Findings 5 4, 5 4 3, 5 3 2, 5 2 1, 5

Key Findings (contd…) 6 5 4 3 2 1 0 Cipla Ranbaxy Lupin Ltd

Key Findings (contd…) 2012 Rakshak Foundation. All Rights Reserved. 9

Key Findings Contd…) 2012 Rakshak Foundation. All Rights Reserved. 10

Key Findings (contd…) 2012 Rakshak Foundation. All Rights Reserved. 11

Results and Discussions 1. The Steep fall in the grant of patents after 2008:

Results and Discussions 3. The Novartis debate has restricted itself to diseases like cancer

Recommendations, their scope and Strategy for Implementation Increase in Personnel 2012 Rakshak Foundation. All

The Idea Behind the Previous Slide Efficient IPO Early Generic Entry Competition Diversified HR

Recommendations, their scope and Strategy for Implementation (contd…) Govt. Intervention Indian pharma Market Foreign

Scope for Future Work Recommendations • Working out the details Monopoly Period • Why

Seeking Suggestions on Issues 1. The Facebook Page of the Rakshak Interns 2. My

Slides: 18

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Inventions and Drug Patents Siddharth Chaturvedi Mentor: Shri Anant Srivastava, Assistant Controller of Patents, Indian Intellectual Property (Patent) Office, Ministry of Commerce and Industry 2012 Rakshak Foundation. All Rights Reserved.

Contents Project Overview Goals and Objectives Recapitulation Results and Discussions Key Findings Research Methodology Recommendations Scope for Future Work 2012 Rakshak Foundation. All Rights Reserved. 2

Project Overview “… the very first official thing I did in my administration- and it was on the very first day of it too- was to start a patent office; for I knew that a country without a patent office and good patent laws was just a crab and couldn’t travel anyway but sideways and backwards. ” -Mark Twain, through Hans Morgan in A Connecticut Yankee in King Arthur’s Court 2012 Rakshak Foundation. All Rights Reserved.

A Recapitulation of the Work Done-The Scope Presentation 1 • Historical development of Patent Law in India • The Novartis judgment-”Evergreening” Presentation 2 • Medicines Patent Pool and its Attractions Presentation 3 • The Competitive Concerns of the MPP • The Patenting Process in India 2012 Rakshak Foundation. All Rights Reserved. 5

Key Findings 5 4, 5 4 3, 5 3 2, 5 2 1, 5 1 0, 5 0 GSK Pfizer Abbott Sanofi Aventis Novartis Bayer Johnson & Johnson Table 1. The Market Share (in percentage) of the Foreign Players (excluding the reference to Ranbaxy in this table)-2007 08. 2012 Rakshak Foundation. All Rights Reserved. 7

Key Findings (contd…) 6 5 4 3 2 1 0 Cipla Ranbaxy Lupin Ltd Piramal Cadila Wockhardt Ipca Sun Pharma Dr. Reddy's Table 2. The Market Share (in percentage) of the Domestic Players (including the reference to Ranbaxy in this table) -2007 -08. 2012 Rakshak Foundation. All Rights Reserved. 8

Results and Discussions 1. The Steep fall in the grant of patents after 2008: a. ) Diversification of functions in the Indian Patent Office b. ) Administrative Changes c. ) The number of personnel remained the same; their responsibilities increased. 2. The “trend” of granting of patents has been the same, for MNCs and domestic players. a. ) This shows that there has been no particular gain to MNCs over domestic players. b. ) The number of patents differ because of the obvious R&D advantage that MNCs have over domestic players. 2012 Rakshak Foundation. All Rights Reserved. 12

Results and Discussions 3. The Novartis debate has restricted itself to diseases like cancer and HIV –AIDS a. ) There is a “disease burden”: related to diseases like dengue in states like the West Bengal. b. ) There is the “economic burden”: Unhealthy people are unable to contribute to the economy, their treatment at huge costs is an additional liability, which yields no positive results. 4. The rise of Indian individuals in getting patents in pharmaceuticals. a. ) Much ahead than their foreign counterparts. 2012 Rakshak Foundation. All Rights Reserved. 13

Recommendations, their scope and Strategy for Implementation Increase in Personnel 2012 Rakshak Foundation. All Rights Reserved. Diversification of human resources 14 Improvement in Patent Examination and Grant

The Idea Behind the Previous Slide Efficient IPO Early Generic Entry Competition Diversified HR Reduced Monopoly Period Affordable Medicines Less Time Taken for Patent Grant At present, around 5 years Healthy India! 2012 Rakshak Foundation. All Rights Reserved. 15

Scope for Future Work Recommendations • Working out the details Monopoly Period • Why 20 years? From software to pharma • Can it be reduced? Patents and Profits • Empirical Evidence 2012 Rakshak Foundation. All Rights Reserved. 17

Seeking Suggestions on Issues 1. The Facebook Page of the Rakshak Interns 2. My own Gmail account 3. “Patent and Drug Inventions” page on Facebook 4. suggestionstome@gmail. com 2012 Rakshak Foundation. All Rights Reserved. 18