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29th
April, 2003
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Ministry
of Commerce & Industry |
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INTELLECTUAL PROPERTY: INITIATIVES
AND STATUS
Substantial Progress
- The revamping/modernisation of
IP offices (patents, trademarks, designs and geographical indications)
has made substantial progress. The targeted objectives are modernised
infrastructure, extensive computerisation, reengineering of
procedures and integration of Information Technology, human
resource development, digitisation of records, efficiency, transparency
and operational environment of global standards.
Existing Infrastructure
- The infrastructure in existing
and hired additional accommodation for Patent offices in Delhi,
Kolkata, Chennai and Mumbai have been fully modernised and operationalised.
A completely modernised and computerised Designs Office in Kolkata
has already been made operational. Infrastructure in the Trademarks
Registry, Mumbai has also been modernised. The Patent Information
Service, Nagpur has been developed as an Intellectual Property
Training Institute.
Logo
- A distinctive logo for IP administration
has also been designed and is being used to create a new identity
for the modernised IP offices.
Website
A website of IP offices
has also been launched. http://www.ipindia.nic.in
New Buildings
- Action is now being taken to set
up Integrated IP offices in each of the four metro cities so
as to house all activities in one building. The NBCC has been
assigned the turnkey projects for operationalising new offices
by 2004. Land in each of the four metro cities has already been
finalised.
Computerisation
- Initial level of computerisation
has been completed in the Patent, Trademarks and Designs offices.
C-DAC has undertaken comprehensive computerisation of operations
of these IP offices.
Human Resources
- 62 new Examiners of Patents have
already been recruited and trained by IPTI, Nagpur. Additional
181 Examiners are also being recruited shortly. The staff strength
in the Trademarks Registry, Mumbai has also been strengthened
through recruitment of 30 Examiners of Trademarks.
Information Services
- Front office software has been
installed to generate computerised information about status
of patent applications, receipt for filing of patent applications,
list of books, journals available in the library, etc.
Search Facilities
- Online search facilities have
been established and the patent offices have been provided with
ISDN facility to ensure uninterrupted connectivity. Similar
facilities has also been provided to Trade Marks offices and
Designs offices.
- Improved novelty search in patents
is being ensured through connectivity to international databases.
Further, CD-ROMs were also acquired for this purpose and library
facilities strengthened.
Simplification
of Procedure
- Simplification and reengineering
of work procedure is also being done to make the system responsive
to the needs of the users. Work manuals for IP offices have
been prepared to ensure uniformity in the procedure to be followed
by different offices. Corporate plans are being developed as
per world standards.
Improvements in
Performance
- As a result of the modernisation
initiatives and efforts made to improve the performance within
the resources available, the efficiency of IP offices has improved
and the average output per Examiner (Patents, Trademarks and
Designs) is now among the highest internationally.
Clearance of Backlog
- Patents
- The current output of patent offices
vis-à-vis the year 1999-2000 has nearly trebled. This
has gone up from 2824 cases in 1999-2000 to 9538 cases in the
year 2002-03. Out of a cumulative backlog of around 45,000 patent
applications, preliminary scrutiny reports have been issued
in respect of over 42,000 applications. With the consolidation
of work and induction of new Examiners, the overall performance
will improve further and it would be possible to ensure grant
of patent rights within a timeframe comparable to international
levels and consistent with the statutory provisions.
- The problem of backlog of pending
patent applications is being addressed both through legislative
and administrative measures. Administrative measures have already
started showing results in terms of improved output. These will
be further complemented by the legislative measures contained
in the Patents (Amendment) Act, 2002 and the Patents Rules,
2003, expected to be brought into force shortly.
Clearance of Backlog
- Trademarks
- The backlog of unexamined applications
of approximately 5 lakh cases at various stages in the Trademarks
Registry (TMR) has been brought down to zero at stages of issue
of allocation number, examination, publication of advertisement
and issue of TMR certificates. Backlog at all stages except
contested cases (20% of backlog) would be brought down to zero
by the end of second quarter of financial year 2003-04.
- ‘Operation Surya’ aimed at clearing
huge pendency of renewal cases has been carried out successfully
and completed in December 2002. Renewal of Trademarks certificates
is being done instantaneously in clear cases.
- Online registration of trademark
applications in all the regional offices and head quarter has
begun from October 2002.
Digitisation
- Digital database library on CD-ROMs
of 1,50,000 Trademark certificates and Trademarks journals has
been created. Over 70,000 patent records and 20,000 design records
digitised so far. A searchable database will also be put on
the website.
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