The medical devices industry has been receiving corporate attention lately, with both Indian and foreign companies planning their products in the Indian market. According to a news report, the domestic medical devices industry is estimated to touch $ 1.7 bn in 2010 and expected to grow at an annual growth rate of around 23%. The Central Drugs Standard Control Organisation allows import of medical devices on the basis of the quality certifications and sets high standards for the manufacture of these devices back home.

Recently Polymedicure Limited (An Indian medical and surgical devices company) challenged a patent granted to B Braun Melsungen AG (A German medical equipment company) vide a counterclaim filed in Chennai Patent Office, for revocation of a patent relating to safety IV Cannula. The safety cannula is used to prevent needle stick injuries to doctors and nursing staff. Braun had filed an interim injunction application in Delhi High Court, to prevent Polymed from manufacturing the equipment, which was dismissed by the Court. Braun appealed before a Division bench, however, the Single Bench had held that Braun suppressed the fact that it knew about Polymed’s selling of safety cannula. It did not find a prima facie ground to grant interim injunction and held that the registration of the patent per se did not entitle the plaintiffs to an injunction.

The safety cannula has utility and application in preventing needle stick injuries to the technicians and various hospital staff, which decreases the chances of infections such as HIV, Hepatitis B and Hepatitis C. According to the news report, Polymed is preparing to commence exporting the product to the US and Europe and aims to acquire 10% of the 25 bn market in the next two years. The market for the cannula worldwide is about 500 million units per year, mainly in the US and Europe, and is expanding at the rate of 15% every year. It also claims to have recently launched some safety medical devices for blood collection India as well as overseas.

The domestic players are upbeat about the prospects of the industry and the ability of the Indian players to innovate, develop competitive technologies and manufacture products at a fraction of cost incurred by the international players. Innovation is speedier in this sector, more so because of short life cycle of medical devices. In India, the product patent regime has always been there in respect of medical devices, while it started in 2005 in respect of pharmaceuticals, yet the progress of both sectors is comparable.