The order was given on a petition challenging the constitutional validity of the Patent (Amendment) Act, 1999. The petition said the Act was against the public interest, public health and national interest.

A three-judge bench comprising Chief Justice A S Anand, Justices M J Rao and Santosh Hegde referred the public interest litigation to the Attorney General for his comment as he had earlier stated before the court that the Government was taking necessary steps to protect the national interest in issues related to patents.

The PIL has been filed by the Research Foundation for Science, Technology and Ecology, Lok Shakti Abhiyan, Bharatiya Kisan Union, People's Union for Civil Liberties and the Azadi Bachao Andolon.

They alleged that Patent (Amendment) Act, 1999 has beenenacted without availing exemptions under General Agreement on Tariff and Trade (GATT) and Trade Related Intellectual Property rights (TRIPS) on the grounds of public health, food security, public interest and above all, the national interest.

"The consequences flowing from provisions of the Act are so grave that unless immediate preventive steps are taken it may result in irreparable loss to the people and the nation," the petitioners said.

It said under the Act, even biopirates of our biodiversity and indigenous knowledge (for example Neem) could get exclusive marketing rights (EMR) in India.

Earlier, senior counsel Indira Jaising submitted before the court that the petitioner was concerned with two aspects of the matter - the first being medicines and drugs and the second food security.

She contended that in another related matter, the Attorney General had stated last year that the Bio-Diversity Bill and Geographical Indicators Bill were in the process of being finalised for introduction inParliament and that plant varieties and the Farmers Rights Protection Bill were also likely to be introduced in Parliament soon.

Attorney General Soli Sorabjee had also stated that the Government was alive to the situation and was taking necessary steps to protect the interest of the nation.

The petitioner, however, stated that the steps taken by the government in bringing the Patent (Amendment) Act seriously affects the bio-diversity, which the Government undertook to protect by bringing the Bio-Diversity Act.