The process patent-holder claims that his "invention differs from the known processes in that the various associated parameters relating to the food item finally obtained such as texture, consistency and density, among others, are present in the degree necessary to bring out its full taste and flavour." These process patents have apparently not been challenged, so far.

Under the Indian patent act, process patents are granted for a span of 14 years except for industries like pharmaceuticals, food products and agrochemicals, where this is curtailed to seven years from the date of filing or five years from the date of sealing a patent, whichever is shorter. The date of filing the processpatents for dosa, rice pongal and green peas masala is April 10, 1993.

Significantly, legal experts say that the grant of such process patents, highlight the inherent inadequacies in the system itself at a global level.

Leading advocate Narendra B Zaveri says that such patent grants and application raise serious apprehensions about the credibility of the entire patent system. "It does not require an elaborate or expert opinion to say that these cannot be regarded as possessing any inventive merit or patentable subject matter. Nevertheless, such patents have been granted not only in the country but also in advanced countries like the US," he said. Indian patent offices, he says, lack proper information systems and reference material, are grossly understaffed and even lack specialists in various disciplines. A large part of these inadequacies are possibly directly related to poor availability of funds.

However, he is quick to refer to undeserved grant of patents on turmeric powder (now successfullyrevoked) in the United States as a manifestation of such inadequacies abroad. "The current patent procedures are not sound enough to eliminate undeserved claims and given the rights a patent confers on a holder, such inherent inadequacies must be checked. Moreover, while laws are quick to provide action against patent infringement, there is no punishment for making undeserved or excessive claims," Zaveri added. Besides, experts also point to the difficulties faced even by advanced nations in processing biotech-based patent applications. A statement made by the US patent and trademark office towards the end of 1996 estimates that it would take one patent examiner 200 years to initially examine such applications and it would take the entire biotechnology group of 200 examiners a full year at a cost of over $34 million. "So you can imagine the problems of processing such applications in India," an industry source said.

Experts also anticipate a flood of patent litigations once product patents are enforced inthe country. Among the suggestions made to avoid cumbersome, complicated litigation are effective licensing provisions.y