I am trying to find out the criteria for EMR filing in India.
The information obtained from the Web site of Patent Facilitating Centre gives us the idea that the EMR can be obtained only against Product patent applications.
The following points are clarified on their web site,
23. What is an EMR?
TRIPS requires that member countries of the WTO not having provision in their laws for granting product patents in respect of drugs and agrochemical, must introduce Exclusive Marketing Rights (EMR) for such products, if the following criteria are satisfied:
1. A patent application covering the new drug or agrochemical should have been filed in any of the WTO member countries after 1 January, 1995;
2. A patent on the product should have been obtained in any of the member countries (which provides for product patents in drugs and agrochemical) after 1 January 1995;
3. Marketing approvals for the product should have been obtained in any of the member countries;
4. A patent application covering the product should have been filed after 1 January 1995 in the country where the EMR is sought;

But a few articles in the Economic times gives the impression that Process patents and the DCI approval are the criteria’s for getting EMR.
One of the article was as follows “For an Indian applicant , however, a new drug marketing approval from the DCGI and a process patent are among the eligibility criteria for obtaining an EMR”
The article had appeared in the Economic times dated March 3 ,2004.

I would like to know whether a process patent is eligible for getting an EMR ?

Rahul Vartak.