Home Programmes and Schemes Intellectual Property Rights Modernisation and Strengthening of Intellectual Property Office (MSIPO)

Modernisation and Strengthening of Intellectual Property Office (MSIPO)

Brief about the Scheme

The Plan Scheme for MSIPO was first implemented by the Government in the 11th Five Year Plan (March, 2008) and continued in the 12th Five Year Plan.

The objective of the scheme is to strengthen the capabilities of the Intellectual Property Offices in India; to develop a vibrant Intellectual Property regime in the country; and also to develop modern infrastructure for the Indian Patent Offices to function as an International Search Authority and International Preliminary Examining Authority in order to meet the requirements for international registration of Trade Marks.

During the 12th Plan the focus of the scheme was on infrastructure development, augmentation of human resources, enhancement in quality of service, computerisation and improvement in IT infrastructure. Training of personnel and outreach activities were the other objectives.

The implementing agency in respect of the Scheme has been identified as the office of the Controller General of Patents, Designs and Trademarks (CGPDTM).

Detailed write-up:

  1. Scheme objective:

    The Scheme aims at strengthening the capabilities of Intellectual Property Offices in India and to develop a vibrant Intellectual Property Regime in the country. It also aims to develop the modern infrastructure for the Indian Patent Offices to function as an International Search Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty of WIPO and to enable the trade marks Registry to meet the requirements of Madrid Protocol for international registration of Trade Marks.

  2. Coverage & Eligibilty:

    The scheme covers all the Intellectual Property Offices spread across the country which cover both national and international clientele. The Patent Office performs statutory functions relating to the grant of patents for inventions, renewal of patents, amendments, restoration of lapsed patents, grant of compulsory licenses, registration of patent agents etc. under the Patents Act 1970. The Head Office of the Patent Office is at Kolkata with branch offices at Chennai, Delhi and Mumbai. The offices deal with the applications for patents originating within their respective territorial jurisdictions.

    The World Intellectual Property Organization (WIPO), a United Nations agency specialized in the field of Intellectual Property Rights, in its General Assembly meeting held in September-October 2007 at Geneva recognized the Indian Patent Office as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) under the Patent Co-operation Treaty. This puts India in an elite group of 21 Patent Offices recognized as ISA and IPEA. Patent Office has started functioning as ISA/IPEA at Patent Office Delhi with effect from 15th October, 2013.

    A comprehensive and dynamic Patent Search Portal has been developed in the IPO website, which serves as a repository of information available for the public at large and IP practitioners to track the status of patent applications including publication, examination and grant as well as all post-publication patent documents.

  3. Budget Availability/utilization since last 5 years*

  4. Physical progress against milestones till the end of previous year(i.e. Cumulative till 2015-16) and during the year 2016-17

    Strengthening of physical infrastructure

    Additional requirement of office space and expansion of present IPO Buildings at IPO locations has become necessary in order to accommodate additional manpower being inducted. Office space expansion is being carried out at IPO Mumbai and IPO Chennai since 2015. IPO Kolkata has also come under the ambit of expansion.

    Augmentation of human resources

    To address the issue of lack of technical manpower for examination and disposal of patent applications, available manpower has been augmented through creation of new posts. Recruitment has been completed for 459 posts of Examiners of Patents and Designs, of which 396 new appointees have started examination work after undergoing training, in addition to the existing 130 Examiners. Further, 76 new posts of Patent Controllers have also been created.

    IT enablement

    The official website of the CGPDTM, IP India, has been redesigned to make it more interactive, informative and easy to navigate. The website contains information which includes all IP-laws and rules administered by the Office, reports, official e-journals, public search facility of IP records, dynamic utilities for public, public notices and news.

    Many dynamic utilities for patents have been made available in the website for the benefit of the public like, displaying the month of filing of Request for Examination for which First Examination Report is being issued; knowing the group-wise and location-wise dates of Requests of Examination (RQ) for which First examination Report (FER) has been sent to the applicants; displaying the status on disposal of patent applications by the respective examination groups during the specified period. The utility for facilitating search to ascertain the status of a patent has also been provided. Besides, the facility for displaying patents, which have expired or ceased to have effect by reason of failure to pay the renewal fee has been provided by their number, title and technical / scientific field. Also, the facility for viewing “First Examination Report (FER)” issued (Jurisdiction and Group-wise) at all locations of Patent Office has been made available. A Stock and Flow based Dynamic Utility for Patent has been made available to provide the applicants/stakeholders with the facility on real time basis to view the Patents under different stocks and the flow of applications at various stages of processing.

    E-filing module has been made fully compatible for online filing of all forms and entries of the First Schedule of Amended Patents Rules of 2014 and 2016 and, new provisions of Patents (Amendment) Rules 2016 like withdrawal of applications, expedited examination, etc. have been suitably incorporated. Online filing of patent applications and all related forms has been made mandatory for Patent Agents through Patents (Amendment) Rules 2016. With the objective of promoting online filing, differential fee structure has been introduced through Patents (Amendment) Rules, 2014 to encourage e-filing, which has resulted in the increase of patent online filing to the tune of about 90 %. The facility for online filing of Trade Mark applications and submission of other forms in trademarks has also been provided.

    The Comprehensive Payment gateway (including internet banking, Debit and Credit Cards) for payment of patent and trademark fees integrated to the e-filing system has been launched on 8th September, 2014 to extend the facility of online payment gateway for Patent and Trademarks through multiple banks (about 70 banks) with Central Bank of India (CBI) as a focal and accredited bank. Due to introduction of Comprehensive Payment gateway, the online filing is expected to increase further for both patents and trademarks.

    Electronic payment gateway for PCT application fees has been introduced w.e.f. 1st April 2016 to avoid delay in transmission of fees for PCT applications to International Bureau and International Searching Authority. This encourages cashless transactions.

    The Patent Office subscribes to major global patent and non-patent databases for prior art search to be conducted by the examiners. The Manual of Patent Office Practice and Procedures has been prepared to ensure uniformity in operation and the same is available on the website. Further, the “Guidelines for Processing of Patent Applications relating to Traditional Knowledge and Biological Material” and “Guidelines for Examination of Biotechnology Applications” have been published in the official website.

    The Guidelines for examination of patent applications in the field of Pharmaceuticals have also been published in the official website. The digitization of old patent records is almost complete and current patent records are digitized immediately after filing the documents so that these are available for examination.

  5. Salient Features in Bullet Form:

    The scheme has the following components:-

    1. Enhancement of human resources.

    2. Expansion of physical infrastructure at Delhi, Mumbai, Kolkata and Chennai.

    3. IT up gradation.

    4. Development of software required for ISA/IPEA and Madrid Protocol.

    5. Subscription to non-patent literature required for PCT minimum documentation.

    6. Digitization of records.

    7. Sensitization and awareness programmes.

    8. Establishment of electronic library.

    9. Furniture and office equipment for modernized environment in IP offices.

  6. Implementing Agency: Office of the Controller General of Patents, Designs and Trademarks ( CGPDTM)

  7. Monitoring and review Mechanism – Monitoring and review is conducted both at the level of the implementing agency and also the Department of Industrial Policy and Promotion.

  8. Findings of Evaluation, if any – n.a.

Scheme Guidelines(in searchable PDF/DOC) as amended upto 31.12.2016:

Circulars/Notifications/Orders with file name indicating subject line in a self-explanatory manner:

*Format for Budget Availability for Each Scheme/Programme – plan allocation [this format has been slightly modified and will be updated in the prescribed format on receipt of information from the o/o CGPDTM]

(amount in crores of rupees)

2012-13

2013-14

2014-15

2015-16

2016-17

1

2

3

4

5

6

7

8

9

10

BE

Exp

BE

Exp

BE

Exp

BE

RE

Exp

BE

RE

Exp as on

24

13.94

1

8.9992

2.85

0.2479

1.6

4.67

2.0689

1.6

1.6

1.6

26

14.1243

16

16.1363

16

17.6939

24.5

21.65

21.64

25.55

51.05

49.62

1.4986

6

1.0656

5

4.5929

2.75

1.06

0.8815

15.7

20.7

20.7

3.5378

6

1.0966

5

1.8731

4

1.53

1.4567

4

4

4

0

3

0.4983

0

0

0

0

0

0

0

0

12.9242

16

7.0664

10.65

13.9074

14

14.49

13.8788

0

0

0

50

46.0249

48

34.8624

39.5

38.3153

46.85

43.4

39.9259

46.85

77.35

75.92


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