strengthening of Indian Patent Office

The Plan Scheme for Modernization and Strengthening of Intellectual Property Offices was implemented in the 11th Five Year Plan. This plan scheme has been continued in the 12th Five Year Plan also. The Plan scheme has led to substantial improvement in the infrastructure of the Intellectual Property Office, upgradation of IT facilities and human resource augmentation. Measures taken during 11th Plan, inter-alia, include construction of an International Search Authority (ISA) / International Preliminary Examining Authority (IPEA) building in Delhi for enabling the patent office to function as an ISA/IPEA and construction of the Trade Marks Registry Complex at Ahmedabad. Steps were taken to improve efficiency through comprehensive e-filing facility for patents and trademarks, digitization of all IP records and by obtaining access to global patent and non-patent database. Measures to bring transparency in the functioning and improve quality of examination inter-alia included introduction of dynamic utilities for patents and trademarks, issue of examination guidelines for traditional knowledge and bio-technology, setting up of specialized technology groups for examination of patent applications and providing real time status of IP application with entire file wrappers and e-registers. The Indian Patent Office has started functioning as an ISA/IPEA from 15th October, 2013. The Madrid Protocol for International Registration for Trade Marks became effective in India from 8th July, 2013. With respect to Human Resources, a total of 414 posts were created in the 11th Plan. Of this 256 posts have been filled up. As compared to 2006-07 when 14119 patent applications were examined and 7539 patents were granted, in 2013-14, 18306 patent applications were examined and 4225 patents were granted. The grant of patent, which is governed by the Patents Act, 1970 (as amended) and the Patents Rules, 2003 (as amended), is a quasi-judicial process involving a number of steps such as publication of applications, examination and pre-grant oppositions etc. The patents are granted only to those inventions, which satisfy the criteria of patentability prescribed under the said Act. Hence, the patent grant depends on many factors and is not related to modernization and strengthening of the IP Office.