Opposition to Indian HIV Patent Application

Thanks to MSF for this concise overview of the status of Glaxo's application for an Indian patent for a fixed dose combination of 2 AIDS drugs. The application has been opposed in the pre grant phase. In addition to an obviousness challenge, it is argued that exclusive ownership of a pharmaceutical product (which is comparatively new to India) would increase prices and have negative impact on national health.

Perhaps not surprisingly, this argument has been refuted by Glaxo, and details of their arguments are provided here, thanks to IP Watch: http://www.ip-watch.org/weblog/index.php?p=255&res=1024&print=0.

We will be intrigued to see the legal attitude adopted to the health based arguments. As argued by Glaxo, would patenting itself create an obstacle to treatment? And is the question not more whether the commercial exploitation of the invention, as opposed to the patent itself, is objectionable on the basis of public health/public order questions? Further details as to the basis of the objection are welcome!