It is crucial to strike a balance between granting patent rights and promoting the public interest, particularly in sectors such as healthcare, agriculture, and environment. Examine.

2. It is crucial to strike a balance between granting patent rights and promoting the public interest, particularly in sectors such as healthcare, agriculture, and environment. Examine. (250 words)

Difficulty: Tough

Reference: Live Mint

Why the question:

India must avoid the ‘patent paradox’ suffered by China—where policy has spawned a patent-filing frenzy of very little value.

Key Demand of the question:

To write about the issues with the granting of patents and the need for a balanced approach regarding it.

Directive word:

Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

Give a brief introduction of what is Patent.

Body:

Give its significance to India. Mention section 146(2), Patents Act, 1970 a unique provision not found in patent laws of most other countries. Talk about its needs for India as a developing country and mention the example of a Compulsory license for the production of Bayer Corporation’s Nexavar. You may mention, the amendment to the Patent Rules, 2020 and form 27 which has caused dilution of section 146(2).

Next, list down a few issues- at the national as well as at the International level with respect to patents. Write about the need to strike a balance between grant of patents and upholding public interest.

Next, suggest solutions for it.

Conclusion:

Conclude with a way forward.