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Modernisation of Intellectual
Property Administration
The modernisation of IP administrations
(patents, trademarks, designs, geographical indications)
has been accorded priority by the Government as a strategic
response to economic liberalisation and globalisation.
Modernisation of patent offices
was sanctioned at a cost of Rs. 75.59 crores in December,
1998. The Patent Offices are located at Mumbai, Delhi,
Chennai and Kolkata (Head Office).
The components of the project included
establishment of National Patent Office, human resource
development, computerisation and re-engineering of work
practices, clearance of backlog of pending applications,
and operational and financial autonomy.
Implementation of the project was
delayed due to protracted litigation and could be started
only in October, 2000.
Effective steps have since been
taken in terms of acquisition of additional accommodation
for Delhi, Kolkata and Chennai offices and its renovation,
computerisation of operations; provision of additional
staff; improvement of library facilities; and novelty
search facilities, etc.
Modernised Delhi and Chennai offices
were inaugurated on 25 July, 2001 and 25 August, 2001
respectively.
Intellectual Property India
website
was launched, a logo of the office put into use
and a work manual also, put into use. Information
brochures on different aspects of intellectual
property including patents have been prepared
and released.
On-line search facilities have
been established
Efforts have been made to improve
the working of the Patent Offices within the resources
available and that the problem of backlog is also being
attacked through 50% higher monthly target for disposal
of patent applications per Examiner.
A Steering Committee is regularly
monitoring the progress of implementation. This comprises
representatives of Patent Offices, NIC, NID, NPC, Finance
Wing, etc.
A sum of Rs. 15 crores was provided
in the budget of 2001-2002 for taking up further activities,
which are being finalised in consultation with NPC/NIC
and WIPO.
Salient features of the Patents
(Amendment) Act,2002 and the Patents Rules,2003
Term of every patent which is in
force including a patent restorable U/S. 60 as on 20.5.2003
has now become 20 years from date of filing. Time for
restoration of a ceased patent U/S 60 has now increased
from 12 months to 18 months, as such an application
for restoration of a patent ceased on or after 20th
May,2003 can be filed within 18 months from the date
of ceasing. A new definition of "Invention"
meaning a new product or process involving inventive
steps and capable of industrial application has now
come into force. A method or process of testing during
the process of manufacture will now be patentable. Process
defined U/S 3(i) in case of plants, are now patentable
while a process for diagnostic and therapeutic has now
been considered as non patentable. A list of Authorized
Depository Institutions have been notified in the Gazette
Of India, Part II, Section 3 sub-section (ii) dated
20.5.2003 for depositing the biological materials mentioned
in the specification at the time of filing a patent
application. The source of Geographical origin of the
biological material used in invention is required to
be disclosed in the specification. 18 months publication
has been introduced, therefore, every patent (except
in which a secrecy direction is given U/S 35) will now
be published just after 18 months from the date of filing/priority
and will be open for public on payment. As such the
filing intimation being published in the Gazette immediately
after filing has been stopped. A request for examination
system has been introduced and therefore all the patent
applications in which First Examination Report has not
been issued on or before 19th May,2003 will now be examined
U/S 12 only after filing a request for examination on
Form –19 with prescribed fee. The applications
for patent will now be examined in serial order in which
the request for examination is filed. In case the application
has been filed before the commencement of this Act,
the request shall be made within a period of twelve
months from the date of commencement of the Act ie.
20th May 2003 or 48 months from the date of application,
whichever is later. Provision for filing request for
examination by any other interested person (other than
applicant) also has been introduced. Provision for the
withdrawal of application by applicant any time before
grant has been introduced. Time for putting the application
in order for acceptance U/S 21 has now been reduced
from 15/18 months to 12 months. Ground of opposition
U/S 25 as well as revocation U/S 64 have been enlarged
by adding following grounds:
Non disclosure or wrongly mentioning the source of geographical
origin of biological material used for invention; Anticipation
having regard to the knowledge oral or otherwise available
with in local or indigenous community in India or elsewhere.
Section 39 in modified form prohibiting filing patent
application outside India, inventions limited to the
fields of defence purposes or atomic energy has been
reintroduced. Opposition Proceedings U/S 25 have been
simplified and shortened, fixing hearing is not compulsory,
if the applicant does not file reply statement and evidence,
application will be deemed to have been abandoned. Provision
for extension of time up to 6 months for paying the
overdue renewal fees initially i.e. renewal fees, which
have become due, due to the late grant of patent can
now be paid within 9 months from the date of record
by taking an extension on Form – 4. Charges for
supplying the photocopies of the documents available
in the Patent Office have now been reduced from Rs.
10/- to Rs. 4/- per page. Charges for amendments in
name, address, nationality, and address for service,
payable on Form – 13 have been drastically reduced
from Rs. 1000/ 6000 to Rs. 200/500. Patent Applications
and other documents (except PCT International application)
are now required to be filed only in duplicate. Documents
can now be filed (1 copy) in electronic form with one
hard copy (paper form). Fees required to be paid on
documents can now be paid within 1 month from its date
of filing. Provision for allowing Paris Convention Priority
has been extended to group or union of countries or
inter governmental organizations, therefore, 12 month
priority will also be available to applications filed
in EPO, AIRPO, OAPI and EAPO.
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