INTELLECTUAL PROPERTY: INITIATIVES AND STATUS

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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.