Sandeep K. Rathod is an experienced IP professional, specializing in patents & pharmaceutical IPR; presently heading Matrix Laboratories Limited/ Corporate and Formulations IP Department. He obtained his LL.<. in IP & corporate Laws, LL.B. from the Government Law College, Mumbai. He presented several papers/articles on the topic. Sandeep received JPO-AOTS full fellowship for advanced trainging in Patents at Tokyo (2005). He completed WIPO, Geneva scholarship for pursuing two years advanced intellectual Property Rights specialization program (2004-05). He was one of the top speakers at the Pharma & Biotech IP & Litigation (7-8 February, 2008 in Vienna).

1. Can an opponent file a post grant opposition after he has filed/ lost a pre-grant opposition earlier?
Yes. Loss in a pre-grant opposition does not bar future post-grant opposition filing.

2. How long does it take for the opposition proceedings to be completed at the Patent Office?
It depends. There is no specific time limit. Although, we believe that a case that is being diligently followed by both sides should have a decision within 12 months from filing.

3. What are the key differences of patent regulations in India compared to the European and US markets?
Many, in fact. US does not have a clear cut opposition mechanism similar to India. Europe has a post grant opposition but no formal pre-grant opposition mechanism. Similarly, India, at present, does not have patent term extensions/ supplementary protection certificates that are present in USA/ Europe, respectively.

4. What are the biggest issues on IP in India?
Personally, lack of trained professionals at all sides- innovator companies/ generic companies/ patent office/ government/ judiciary and the law making ministers as well.

5. What are the key principles to successfully run a pre-grant opposition under the Indian Patent Office?
Adequate research, multiple arguments and a lot of luck, too.

6. What kind of developments are needed  and are expected in the procedure and practices of Patent Offices in India? Which cases on granting a patent in India from the recent period would you highlight as the most important decisions which have influenced the IP strategies of many pharmaceutical companies?
A) we expect the opposition mechanism to be more smooth/ clearer in process.
At present a lot of issues are not clear and even the patent office decisions are not available to public.
B) I think that the Novartis' Imatinib case was an important case.

7. How did you like the event? What was the key outcome of the eventfor you?
I liked the event very much. Dasa and Inna took good care of the guests.
The key outcome was interesting knowledge on laws from Japan as well as USA.
I also made a lot of professional friends / contacts.