16 October 2013Patents

Indian Patent Office handed extra responsibilities

The Indian Patent Office (IPO) has been officially recognised as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).

The status, which took effect on October 15, will enable the IPO to search and examine patents filed under the Patent Classification Treaty (PCT).

The PCT, which currently has 17 nations acting as ISAs and IPEAs, enables inventions to be protected in each of the 148 contracting states.

Headquartered in Kolkata, the IPO will examine applications as well as prepare and provide search reports.

Chaitanya Prasad, controller general of the IPO, described the news as a “milestone” in the history of the Indian patents system.

“We are proud of embracing greater challenges as a result of our persistent efforts in building up a strong and sustainable IP regime,” Prasad said.

“I hope the inventors and applicants from our country will reap the benefits of the facility by opting for the IPO for international search and examination.

“I urge all the members of IPO to keep up the pace and enthusiasm in taking the IPO to greater heights.”

However, according to Ashwani Balayan, partner at ALG Law Offices in Delhi, despite the news being a “major leap forward,” there remain doubts as to the IPO’s capability to handle the challenge.

“The efficiency of the IPO in disposing of the patent applications, as reflected in the annual reports of past few years, is far from promising and perhaps reflects an acute insufficiency in the workforce,” Balayan told WIPR.

Balayan said the number of applications examined in the year 2011-12 was 25 percent of the number filed for the year.

“Although some 100-odd examiners have been appointed by the IPO in the year 2011-12, this increase is not being visibly translated into the number of applications presently being disposed of.”

The IPO entered into agreement with the World Intellectual Property Organization (WIPO) on September 25 with the status taking effect as of October 15.

The agreement, which is published on the IPO’s official website, says it will remain in force until December 31, 2017 and that parties will negotiate for renewal no later than July 2016.

The news was welcomed by Chethan Chadha, head of the international department at Chadha & Chadha, an IP boutique in Delhi, who said the IPO had joined a “coveted league of nations.”

“The step taken is considered as a step forward, since it anticipates an increase in filings by both nationals and applications arising via the PCT route,” Chadha said.

Under the system, fees for an individual are 2,500 rupees ($40.50) for a preliminary examination, provided the search report was issued by the authority in question and 1000 rupees ($16.20) for a late filing fee.

Legal entities will be required to pay 10000 rupees ($161.90) for preliminary examination fee, where the international search report was issued by the authority in question and 4000 rupees ($64.80) for a late filing fee.

“One of the major factors which leads us to believe this, is the reasonably low official fees charged for different categories as compared to other nations which are designated as ISA and IPEA,” Chadha added.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk