The Structural System of Indian Intellectual Property
Organization:
The flowchart is taken from the website of the Controller General of Patents, Trademarks and Designs, Govt. of India.
Organization:
The Indian Patent Office
started its journey in the year 1956. At that time, the Indian patent system
was governed by the Act VI of 1856 on protection of inventions based on the
British patent law 1852. Certain exclusive privileges were granted to inventors
of new manufacturers for a period of 14 years at that time. However, the Indian
patent system has come a long way since then.
The present administrative hierarchy of the Indian patent system
can be represented by the following flowchart-
The flowchart is taken from the website of the Controller General of Patents, Trademarks and Designs, Govt. of India.
The function of the Patent Office, primarily, is to grant patents. Before such grant of patents, the patent applications filed by the applicant are searched, examined and if found unfit for grant, are rejected. Further, the Patent Office functions as the International Authority for preparing search and examination reports under the PCT.
The Indian patent system is committed to achieve professional excellence, reliability, thoroughness, consistency, transparency, fairness and timeliness in providing product and services of highest quality to the utmost satisfaction of the users ensuring that the rights granted are commensurate with the contribution made in the field of science and technology. The following are the main objectives of the Indian patent system-
- To retain confidentiality of the inventions until made public.
- To provide search and examination report maintaining the prescribed time lines and legalities.
- To ensure timely grant of Quality Patents
- To make information dissemination system transparent, faster and easier
In order to achieve the above objectives, Indian patent office has set the following measures-
- The Patent Office has set up quality management team at all its offices
- The team ensures that the QMS requirements are met and the time lines and legal certainty is reflected in the deliverables of the Patent Office
- The QMS team formulates the quality standards for processing of both National and International applications
- The Quality Management System has common quality frame work for International search and Preliminary Examination in accordance with the PCT search and Preliminary examination guidelines in addition to the National requirements based on the Indian Patent Law.
- The QMS incorporates the basic requirements with regard to its resources, administrative process, quality assurance, feedback arrangements and internal review.
- All the four Patent Offices function with the same quality quotient so that the services and the product delivered make the unique uniform Indian Patent Standard
- The time line prescribed under various provisions of law is uniformly maintained at all the four offices
- The four offices have common practices and have complete uniformity both in formality examination as well as substantive examination
- The four offices have the common standards for International application while working as Receiving Office, International Searching Authority and International Preliminary Examining Authority under the PCT
- The team ensures that the QMS requirements are met and the time lines and legal certainty is reflected in the deliverables of the Patent Office
- The QMS team formulates the quality standards for processing of both National and International applications
- The Quality Management System has common quality frame work for International search and Preliminary Examination in accordance with the PCT search and Preliminary examination guidelines in addition to the National requirements based on the Indian Patent Law.
- The QMS incorporates the basic requirements with regard to its resources, administrative process, quality assurance, feedback arrangements and internal review.
- All the four Patent Offices function with the same quality quotient so that the services and the product delivered make the unique uniform Indian Patent Standard
- The time line prescribed under various provisions of law is uniformly maintained at all the four offices
- The four offices have common practices and have complete uniformity both in formality examination as well as substantive examination
- The four offices have the common standards for International application while working as Receiving Office, International Searching Authority and International Preliminary Examining Authority under the PCT
The Quality Management System
The quality management system (QMS) has been established under the supervision of the Controller General of Patents, Designs & Trade Marks (CGPDTM). The hierarchy is shown as under-
The quality management system (QMS) has been established under the supervision of the Controller General of Patents, Designs & Trade Marks (CGPDTM). The hierarchy is shown as under-
The above flow chart is
taken from the web site of the Controller General of Patents, Trade Marks and
Designs, Govt. of India.
Intellectual Property Rights Patent system in India
Posted in: INDIAN PATENT SYSYTEM,PATENT IN INDIA
