In February 2007 the Technical Expert Group on Patent Law Issues led by eminent scientist and former Director General of Council for Scientific & Industrial Research Dr. R. A. Mashelkar sought withdrawal of the Report submitted by the Group in December 2006 to the Government, on the ground of “technical inaccuracies”. The Group requested the Government for grant of three months time to re-submit the Report. On March 14 the Government has allowed the Expert Group to remove the “technical inaccuracies” and re-submit the Report within three months. Mr. Ashwini Kumar, the Minister of State for Commerce and Industry informed the Parliament in a written reply that the Government has allowed three months time to the Group to remove the “technical inaccuracies” and to re-submit its Report on two patent law issues.

Earlier, the Government had constituted a Technical Expert Group headed by Dr. Mashelkar in April 2005 to decide upon two contentious issues raised in the Parliament during the debate on Patent (Amendment) Bill, 2005. The issues were:

i. whether it would be TRIPS compatible to limit the grant of patent for pharmaceutical substance to ‘new chemical entity’ or to ‘new medical entity’ involving one or more inventive steps; and
ii. whether it would be TRIPS compatible to exclude micro-organisms from patenting.

The Technical Expert Group after one and a half years of deliberations submitted its Report to the Government with the finding that it would not be TRIPS compliant to limit granting of patents for pharmaceutical substance to New Chemical Entities only and that it would not be TRIPS compliant to exclude microorganism per se from patenting.

Soon after the submission of the Report, criticism followed from several quarters and national dailies even alleged plagiarism in the Report. Amidst controversies, Dr. Mashelkar sought withdrawal of the Report on the ground of ‘technical inaccuracies’ and requested the Government for three months time to resubmit it.