TO SUGGEST improvements in the working of the Intellectual Property (IP) regime in India terms of IT enabling and networking of operations and enhancing human resource capabilities, Federation of Indian Chambers of Commerce and Industries (FICCI) and Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, have joined hands to set up a working group.
Among the important issues to be taken up are creation of digitised patent database and its online access to the public. FICCI has urged the government for the creation of database covering provisional and complete specifications; legal status of the patent application/patents; oppositions filed, if any; withdrawn, granted and rejected; decisions of the controller on pre and post-grant oppositions; data concerning the patent applications/patents covering inventions falling under Section 3d.
Such a database is not only required for making ‘freedom to operate’ decisions but also to effectively make use of opposition provisions so as to weed out weak patents.
Improvements in the working of IP offices have become imperative since Indian patent office has recently been granted the status of International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) by World Intellectual Property Organisation (WIPO). DIPP has assured full support to FICCI, which reveals the commitment of the government to ensure quality and efficient service, which is competitive by international standards.
The FICCI-DIPP Working Group on Patents, Designs and Trade Mark system comprising of representatives from industry, legal experts and the office of Controller General of Patents, Trade Marks and Designs, will seek to gear up the IP offices to meet the demands of trade and industry which are increasing by the day.
FICCI also held meetings with industries and law firms to put forth their concerns related to prosecution of patent applications at the IPO. The patent office has assured that it will look into the concerns raised in the meeting and take measures to eliminate problems which applicants face.
DIPP has taken note of FICCI’s recommendations and it has been decided to digitise all the patents granted till date and open it for online public access. DIPP has assured that the task of digitising the patent database has been put on fast track and is likely to be completed by December 2008 and would be available for online public access by January 2009.
The patent office has already started e-filing of patent and trademark applications through its website http://www.patentoffice.nic.in/. It has been decided that several workshops will be organised to sensitise users about the new system. Discussions are also on incentivise users who file patent applications through e-filing facility.
Based on FICCI’s recommendations the patent office has already increased the number of payment gateways and certifying authorities for digital signatures for e-filing of patent applications to make the system more user friendly. FICCI has also sent recommendations on the functioning of the office of the Patent and Trademarks system in India to the Parliamentary Standing Committee on Commerce.
