Get ready to apply for global patents in India
With applications for patents from within the country growing seven times since 2000, the government is planning a massive modernisation and upgradation of Indian patent offices, according to an official from the department of industrial policy an...
By Sushmi Dey, ET Bureau |
NEW DELHI: With applications for patents from within the country growing seven times since 2000, the government is planning a massive modernisation and upgradation of Indian patent offices, according to an official from the department of industrial policy and promotion.
���We plan to upgrade our offices in line with the specifications prescribed by the Patent Co-operation Treaty so that they qualify as an International Search Authority (ISA),��� the official, who asked not to be identified, told ET on Friday. Once a regional patent office is upgraded to an ISA, applications can be filed in India for registering global patents.
The number of patent applications filed at the four offices ��� located in Kolkata, Mumbai, Chennai and Delhi ��� have gone up from 4,824 in 1999-2000 to over 35,000 in 2007-08. The official said India has witnessed a huge increase in patent applications after it signed the trade related property rights (TRIPs) agreement and amended the patent law of the country in 2005.
However, critics argue that the patent offices in India lack skilled manpower and international systems to deal with all cases.
���Even as Indian law clearly states that patents cannot be granted to minor modifications or derivatives of known inventions, patents are often granted for mere modifications. Besides, there is no transparency in the functioning of India���s patent offices. The patents granted in the country highlights inconsistency,��� a public health activist from International People���s Health Council, a non-government organisation, told ET.
���They currently store data in a format that is not search-friendly. Transparency is important because people need to know what patents exist in India to determine the legal risks and validity of the patents being filed and granted,��� the activist said.
The government official said databases of patent offices would be strengthened by collaborating with other international patent offices. The government has earmarked Rs 153 crore for the first phase of modernisation of patents and trademarks offices under the 11th Five Year Plan.
���We plan to upgrade our offices in line with the specifications prescribed by the Patent Co-operation Treaty so that they qualify as an International Search Authority (ISA),��� the official, who asked not to be identified, told ET on Friday. Once a regional patent office is upgraded to an ISA, applications can be filed in India for registering global patents.
The number of patent applications filed at the four offices ��� located in Kolkata, Mumbai, Chennai and Delhi ��� have gone up from 4,824 in 1999-2000 to over 35,000 in 2007-08. The official said India has witnessed a huge increase in patent applications after it signed the trade related property rights (TRIPs) agreement and amended the patent law of the country in 2005.
However, critics argue that the patent offices in India lack skilled manpower and international systems to deal with all cases.
���Even as Indian law clearly states that patents cannot be granted to minor modifications or derivatives of known inventions, patents are often granted for mere modifications. Besides, there is no transparency in the functioning of India���s patent offices. The patents granted in the country highlights inconsistency,��� a public health activist from International People���s Health Council, a non-government organisation, told ET.
���They currently store data in a format that is not search-friendly. Transparency is important because people need to know what patents exist in India to determine the legal risks and validity of the patents being filed and granted,��� the activist said.
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The government official said databases of patent offices would be strengthened by collaborating with other international patent offices. The government has earmarked Rs 153 crore for the first phase of modernisation of patents and trademarks offices under the 11th Five Year Plan.
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