patent Archives - Tax Heal

Amendment to Patent Rules

CA Satbir Singh — Mon, 25 Jul 2016 13:26:56 +0000

Amendment to Patent Rules

The Patent Rules have been amended to include provisions for expedited examination of patent applications on any of the following grounds, namely:-

i) That India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examining Authority in the corresponding international application

ii) That the applicant is a startup.

The amended Patent Rules have already been notified and have come into force on 16th May, 2016.

Pendency of patent applications is measured in terms of pending Requests of Examination awaiting disposal at different stages of processing in Patent Offices. There are 2,06,025 unexamined Patent Applications (Requests for Examination) pending with the Indian Patent Offices as on date. This pendency is primarily due to shortage of manpower.

The Government has taken several steps to bring down the time period for initial examination of patent applications, which are enumerated below:-

• 458 Examiners of Patents and Designs have been appointed on regular basis. Their training has already commenced.

• Patent Rules, 2003 have been amended and notified on 16.05.2016 to simplify procedures and timelines for disposal of patent applications.

• Online facility for filing of applications has been strengthened so as to reduce the workload at Patent Offices as also save the time of applicants.

• In order to facilitate the examination work and optimize the speed and quality of examination, number of measures like computerized work-flow and IT enabled functioning have been implemented in the Patent offices.

This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha today.

Patent Application Flow Chart

CA Satbir Singh — Mon, 13 Jun 2016 06:40:37 +0000

Patent Application Flow Chart

Start up applications for Patent, Designs and Trade Marks – Guidelines

CA Satbir Singh — Mon, 13 Jun 2016 06:26:06 +0000

Government of India
Office of The Controller General
Patents, Designs & Trade Marks
Boudhik Sampada Bhavan
S.M. Rood, Antop Hill
Mumbai-400037 (India)

CG/F/Start-up/Guidelines/2016/79

Dated 8-6-2016

Public Notice

Guidelines for Facilitators and Start-ups for filing and processing applications for Patent, Designs and Trade Marks

In respect to the Scheme for Facilitating Startups Intellectual Property (SIPP) announced by the Government of India and the list of facilitators published for the purpose, references have been received regarding the procedure to be adopted for filing/ processing of startups’ applications for Patents , Designs and Trademarks and fees to be paid to the facilitators in respect thereof.

Accordingly„ it is clarified as follows:

1. Patents:

i. A start- up willing to file a patent application for his invention shall select a facilitator from the list of facilitators published on the official website of CGPDTM i.e. www.ipindia.nic.in and contact him directly for preparation of application. If the startup is unable to select a facilitator, it should contact the Head of Office of the respective Patent office as per jurisdiction, who shall provide 3 names of facilitator and the startup shall finalise the name of Facilitator.

ii. The facilitator after assessing the patentability of the invention and other aspects as per Patents Act and Rules and being satisfied that the application for patent can be filed, shall draft the patent specification in consultation with the start up.

iii. Thereafter, the Facilitator shall file a complete Patent specification at the appropriate Patent Office on behalf of the start- up as per jurisdiction by following the prescribed procedure under the Patent Act and Rules.

iv. Fee for filing patent application and other statutory fees, as per First Schedule, shall be borne by the start up.

v. After a patent application is received by the Patent Office the facilitator shall submit the claim for fees as per the fee schedule given in SIPP Scheme. A letter addressed to the Head of Office of the respective Patent Office, giving details of claimed fee for drafting of application and his ID proof as a Registered Patent Agent, shall be submitted along with the invoice .

vi. The Head of Office shall verify the ID of the facilitator and ascertain the suitability of payment and arrange for the payment of fee to the facilitator after receiving such claim from the facilitator.

vii. Simultaneously with making the payment to the facilitator, the Head of Office shall forward to the Office of the CGPDTM the details of the application and payment made to the facilitator.

viii. The facilitator shall monitor and perform further steps of proceedings of startup’s patent application, prepare the reply to any query from Patent Office, attend the hearings, etc. and shall file the relevant documents in the Patent Office by following the time line , as and when required, on behalf of the startup and may submit the claim for payment of the fee as per the fee schedule of SIPP Scheme as per the procedure elaborated above.

ix. Designs :

For filing and processing applications for designs, the list of Facilitators for Patents will be applicable and the procedure for claiming the fees by the Facilitator, after he files the design application for a startup as per the designs Act and Rules, shall be as elaborated above.

x. Trade Marks:

For filing and processing applications for trademarks, the list of Facilitators for Trademarks will be applicable and, after filing a trademark application for a startup as per the Trade Marks Act and Rules, the Facilitator shall submit the claim for payment of fees to the respective Head of Office of the Trade Marks Registry who shall follow the procedure as elaborated under para vi and vii.

For any query regarding filing of applications, payment of fees and procedural issues, a facilitator/startup may contact Dr.W.M.Dhumane, Office of Controller General of Patents, Designs and Trademarks on e-mail: wm.dhumane @nic.in or phone (+91 22 24112244).

(O. P. Gupta)
CGPDTM

Govt steps to make patent application process more transparent

CA Satbir Singh — Tue, 26 Apr 2016 04:22:05 +0000

Patent Applications

Pendency of patent applications is measured in terms of pending Requests of Examination awaiting disposal at different stages of processing in Patent Offices. Pendency in the Indian Patent Offices as on 01.04.2016, location-wise, is as under:-

Location	No. of Applications
Delhi	88297
Chennai	78405
Kolkata	39911
Mumbai	31058
Total	237671

While there is no ‘Patent Application Investigation System’, the examination and disposal of patent applications is done electronically, which is regularly upgraded.

Patent Offices are located at four locations in the country as under:

Sl.No.	Office	Territorial Jurisdiction
1	Patent Office Mumbai	The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli
2	Patent Office Chennai	The States of Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu and Puducherry and the Union Territories of Lakshadweep, Minicoy and Aminidivi Islands
3	Patent Office Delhi	The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Delhi and the Union Territory of Chandigarh.
4	Patent Office Kolkata	The States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Odisha, West Bengal, Bihar and Jharkhand and the Union Territory of Andaman and Nicobar Islands.

The Patent Offices function under the control and superintendence of Controller General of Patents, Designs and Trademarks, having headquarters at Mumbai. Each Patent Office is headed by a Head of Office having support staff for day-to day functioning. Technical manpower in the Patent Offices includes Examiners of Patents and Designs who conduct the work related to examination of patent applications and Controllers of Patents & Designs who grant or reject patent applications as per provisions of the Patents Act 1970. For the purpose of streamlining the work processing of patent applications being filed in various scientific fields, four Examinations Groups, each headed by a Group Leader, have been formed at each Patent Office based on the broad area of specialization. These groups are:

Chemistry, pharmaceutical, polymer science and allied subjects.
Biotechnology, Microbiology, Biochemistry and allied subjects.
Electrical engineering, Electronics, Computer science, Physics and related subject.
Mechanical, Textiles, Civil engineering and other subjects.

Following are the measures taken/being taken by the Government to make the patent application process more transparent:

(i) Facilities for quick and efficient access to all types of data and information regarding patent processing are available on the official website for the benefit of users.

(ii) Dynamic utilities for knowing current status of patent applications and grant have been made available on the official website. A Stock and Flow based Dynamic Utility for Patent has been made available to provide the applicants/ stakeholders with the facility on real time basis to view the Patents under different stocks and the flow of applications at various stages of processing.

(iii) E-Register of Patents containing all information including renewals, assignments and other legal status made available for public.

(iv) Manuals of office practice and procedure for Patents and Guidelines for Examinations have been uploaded in the website.

(v) The system of QR Code(s) has been introduced. The Codes are printed on the application filing receipts issued by Patents Office. This facility enables the stakeholders to verify the contents of the above correspondence issued by respective offices and, thus, further enhances transparency in the public delivery system.

(vi) The patent office follows the queuing process strictly

This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha today.