Patent Office Territorial Jurisdiction

Mumbai Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, UT of Daman and Diu,
Dadra and Nagar Haveli

Delhi Haryana, Himanchal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, NCT of
Delhi, UT of Chandigarh, UT of Jammu and Kashmir

Chennai Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and UT of Pondicherry and
Lakshadweep

Kolkata Rest of India (Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura,
Nagaland, Arunachal Pradesh, UT of Andaman and Nicobar Islands)
Examination and Publication
• Whether all particulars are in order

Representation and Opposition

• Anticipation
• Grounds of Opposition (Section 25)
Grant of Patent
• Controller found that the reasonable requirements of the
public with respect to the patented invention had not been
satisfied since only 2% of the total kidney and liver cancer
patients were able to access the Bayer’s drug.
• The Controller determined that the patented invention was
not available to the public at a reasonably affordable
price because Bayer was charging about Rs 2.8 lakhs for a
therapy of one month of the drug.
• The Controller also found that the patented invention was
not worked in the territory of India since Bayer was not
manufacturing the product in India rather it was importing
it from outside India.
• Under Section 92A, compulsory licence may be issued for
manufacture and export of patented pharmaceutical products to
any country having insufficient or no manufacturing capacity in
the pharmaceutical sector for the concerned product to address
public health problems, provided that such country has granted
compulsory licence or allowed the importation of patented
pharmaceutical products from India.
• The Controller shall, on receipt of an application in the
prescribed manner may grant a compulsory licence solely for
manufacture and export of the concerned pharmaceutical
product to such country under the specified terms and
conditions.
• This provision addresses the public health concerns of the
countries having insufficient or no manufacturing capacity in the
pharmaceutical sector to implement the decision of the TRIPS
council on Para 6 of the Doha Declaration.
106. Burden of proving fact especially within knowledge.—When any fact is especially within the knowledge of any person,
the burden of proving that fact is upon him. Illustrations
(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest,
the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.