CGPDTM
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[edit] OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DEESIGNS & TRADE MARKS
The office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) is a subordinate office under the Department of Industrial Policy and Promotion. The Controller General administers the working of the Patents Act, 1970, the Designs Act, 2000 and the Trade and Merchandise Marks Act, 1958 and also renders advice to the Government on matters relating to industrial property rights.
The Controller General of Patents, Designs & Trade Marks directs and supervises the functioning of: -
1. The Patent Office (including Designs Wing)
2. Patent Information System (PIS)
3. The Trade Marks Registry (TMR), and
4. The Geographical Indications Registry (GIR).
The Office of CGPDTM is a revenue generating establishment. During the year 2001-02, through Intellectual Property (IP) administration, the Patent Office has generated an income of Rs.16.60 crore, the Designs Wing, Rs.0.45 crore and the Trade Marks Registry Rs.4.84 crore. As against this, the non-plan expenditure by the Patents Office(including the Designs Wing) was Rs.4.87 crore and Rs.6.74 crore by the Trade Marks Registry. Thus against a total revenue earned of Rs.21.91 crore during 20001-02, the actual expenditure has been Rs.11.62 crore leaving a revenue surplus of Rs.10.29 crore.
The Government has taken a comprehensive set of initiatives to modernize the intellectual property administration in the country in view of the strategic significance assumed by intellectual property in the context of globalisation and liberalization of the Indian economy and the increasing administrative steps to create a modern and facilitative set up. The Designs Act, 2000, the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act 1999 have already been enacted to harmonize the Indian IP administration with the global system. The Patents (Second) Amendment Act, 2002 has been enacted and the draft Patents rules, 2002 are under finalisation. This amendment makes the Indian Patent law not only TRIPS compliant but also provides necessary and adequate safeguards for protection of public interest, national security, bio-diversity, traditional knowledge, etc. Opportunity laws also utilized for harmonizing the procedure for grant of patents in accordance with international practices and to make the system more user friendly.
The legislative initiatives are being complemented with revamping of the administrative set up. As part of the ambitious project for modernization of IP Offices, all Patent Offices have been modernized and operationalised. A modern Geographical Indications Registry was also operationalised at Chennai in August 2001 itself. The modernized Designs Wing was inaugurated on 5th July, 2002. The Trade Marks Registry in Mumbai has also been modernized. Land has been acquired in Delhi, Mumbai and Kolkata for setting up integrated IP offices covering Patents, Trademarks, Designs, and Geographical Indications.
To create a new identity for the modernized offices, a logo for the IP Administration was created. Information brochures on different aspects of IP for the information of users were prepared. Front office software has been installed to generate computerized information about status of patent applications, receipt for filing of patent applications, and list of books and journals available in the library. A new identity has been given to the integrated website of the IP offices, namely, patents, designs, trademarks and geographical indications by updating and renaming it as www.ipindia.nic.in.
Recognising the critical importance of awareness of IP systems in the country especially among scientists and technologists, IP offices have been undertaking awareness a generation programmes and assisting other organizations in similar activities. A ‘World Intellectual Property Organization (WIPO) Academy on Enforcement of Intellectual Property Rights’ seminar was organized in New Delhi in July 2002 and a WPO Asia-Pacific Regional Forum on Policy Imperatives and role of Institutions in Implementing a Public Outreach Strategy for Intellectual Property was organized in September 2002.A Patent Co-operation Treaty (PCT) sub regional Seminar was also organized in October 2002. These were in addition to several events organized in cooperation with local chambers of commerce in different cities. The office of CGPDTM actively participated in 47 awareness programmes on Patents organized by institutions like Indian drug Manufacturers Association, Indian Agriculture Research Institute, Indian Institutes of Technologies (IITs), Universities, Technology Information, forecasting and Assessment Council (TIFAC), etc. The technical offices of the Patent Office delivered lectures in such seminars to educate the participants about the need of the patent system in the complex world of technology and also explained the procedures for filing, grant, renewal, etc. of patent applications. A Training-cum-Workshop on registration of trademarks was held at Jaipur in January-February, 2002. A training programme for Examiners of Trade Marks and other officials was held in November, 2001 at Panchgini, Maharashtra.
Intellectual Property Training Institute has been established at Nagpur in august, 2002 to provide training to patent officials and others concerned. Training has been provided to all newly recruited Examiners.
A brief account of the activities of the various offices under CGPDTM is given below:
[edit] The Patent Office
The Patent Office performs the statutory duties in connection with the grant of patents for new inventions under the Patents Act, 1970 modified by the Patents (Amendment) Act, 1999 and registration of industrial designs under the Designs Act, 2000. The Head Office of Patents is at Kolkata with branches at Mumbai, Chennai and Delhi. The branches deal with the applications for patents originating within their respective territorial jurisdiction.
The Patents (Amendment) Act, 1999 provides for filing of product patent applications related to pharmaceutical and agro-chemicals in the mailbox ands establishes a system for grant of Exclusive Marketing Right (EMR) on these applications. Out of 4,385 mailbox applications, 8 EMR applications have been received so far.
India’s accession to the Patent cooperation Treaty (PCT) has resulted in filing of international applications for patents in India. During 2001-02, 238 international applications were received in Indian Patent Office. The National Phase applications filed in India during 2001-02 were 6351. The adoption of the PCT system has resulted in a decrease in domestic filing. This system allows an applicant to file an application for patent in India through an application for patent in India through an International Application filed under PCT in any of the international receiving offices under the PCT. The applicant gets thirty-one months time, from the priority date of his application to enter the National Phase. The PCT system is a cost effective and user-friendly system that facilitates application processing.
A total of 10,592 applications including 8,221 from other countries were filed under the Patents Act, 1970, including under National Phase entry under the Patents Act, 1970, including under National Phase entry under PCT during 2001-02. The applications for patent filed during the period from 1st April to 31st October 2002 were 6,526. The number of applications for patents during the period 1st November 2002 to 31st March 2003 is expected to be 5,380.
As part of the project for modernization of the Patent Offices, computer equipments for initial level computerization have been provided and e-mail/internet connectivity has been established. Online search facilities have also been provided and the offices provided with ISDN facility to ensure uninterrupted connectivity and a broadband dedicated connectivity has been established between Kolkata and Delhi offices. Front office software has been installed to generate computerized information about status of patent applications, receipt for filing of patent applications, and list of books and journals available in the library. Digitisation, including canning, OCRing, of 90,000 patent records and 28,000 designs records has already been completed.
[edit] Industrial Designs Wing
The registration of industrial designs under the Designs Act, 2000 (which has repealed and replaced the Designs Act, 1911) is done by the Designs Wing of the Head Office of Patents located at Kolkata. The Act modernizes the earlier legislation to provide for a wider ambit of coverage and incorporates several user-friendly features in order to harmonize the legislation with similar Acts in other countries.
The modernization of the legislative framework was paralleled by a comprehensive revamping of work processes and infrastructure support of the Designs Wing which was relocated on one floor and provided extensive. The thrust of the modernization programme of Designs Wing includes a transition from the essentially paper-based examination procedures to an IT based system supported by the computerization of existing records, online search facilities, setting up of a user friendly website ands the creation of a digital library.
A total of 3,350 ,including 584 foreign, applications for registration of designs were filed during 2001-02. The number of design applications filed during the period from 1st April to 31st October 2002 is l1,735, including 308 foreign ones. The number of design applications expected to be filed during the period from 1st November 2002 to 31st March 2003 is 1,881, including 340 foreign ones.
[edit] Patent Information System
Patent Information system (PIS) at Nagpur has been functioning as patent information base for the users since 1980. The PIS maintains a comprehensive collection of patent specification and patent related literature, on a world-wide basis and provides technological information contained in patent or patent related literature through search services and patent copy supply services to various users of R&D establishments. government offices, private industries, business, inventors and other users within India.
The office has been provided with modern office equipments such as computers, CD-TROMS and on-line access to external and internal databases under the modernization project already completed.
During the period April to October 2002, copies of 640 patents and abstracts have been supplied by the PIS.
[edit] Trade Marks Registry
The Trade Marks Registry (TMR) administers the Trade and Merchandise Marks Act, 1958. The Head office of the Trade Marks Registry is located at Mumbai. There are four branch offices at Kolkatta, Chennai, New Delhi and Ahmedabad. The branch registries function according to a specified territorial jurisdiction. The Controller General of Patents, Designs and Trade Marks is the Registrar of Trade Marks.
The TMR receives and processes applications for the registration, renewal or cancellation of trademarks and other related functions. It also undertakes activities for information dissemination and awareness generation.
The number of applications filed during the period from 1st April to 31st October 2002 was 54,163 as against 90,236 in 2001-02. The number of trademarks registered during 1st April to October, 2002 is 3,510 as against 6201 in 2001-02. The number of requests for preliminary advice and for search during the period from 1st April to 31st October 2002 was 1,35,206 as against 1,02,429 during 2001-02. The number of registrations renewed during 1st April to 31st October, 2002 is 10,679.
The Registry continued with the modernization project to strengthen its capacity during the year. The backlog of unexamined applications in the Trademarks Registry (TMR) has been reduced from 5-6 years to less than a year. Backlog has been brought down to zero at stages of issue of allocation number, publication of advertisement and issue of TMR certificates. ‘Operation Surya’ aimed at clearing huge pendency of renewal cases successfully carried out and completed in December 2002. Renewal of Trade Marks 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. Digital database library on CD-ROMs of 1,50,000 Trade Mark Certificates and 1,250 Trade Marks Journals has been created.
[edit] Geographical Indications Registry
Under the Geographical Indications of goods (Registration & Protection) Act, 1999 which is yet to be brought into force, a Geographical Indications Registry was operationalized in Chennai in August 2001. The Registry is a modern office which will integrate IT enabled processes in its operations. The Registry has commenced preliminary activities relating to awareness generation and guidance to potential applicants with regard to the protection of names of goods which originate in a specific and identifiable geographical territory within the country in order to safeguard the intellectual property inherent in such indications of source. Awareness seminars have been conducted in Chennai, Bangalore, Kochi, Goa, Pune, Jaipur and Kolkata. These initiatives are taken in co-operation with local chambers of commerce, organizations of the state governments and the Government of India.
