The Office of the Controller General of Patents, Designs and Trade Marks under India’s Ministry of Commerce and Industries has released the Draft Manual of Patent Office to codify as well as guide all practices and procedures at the Indian Patent Office (IPO).
SinceThe IPO has incorporated several modern tools of automation, technological advances and electronic processing, the authority is seeking public comment on the draft manual.
The draft aims to clarify the increased automation and technological advancements in patent filing and granting processes. It shall inform all practitioners about IPO procedures, while bridging any information gaps. The draft strictly refrains from being used as an interpretative tool for patent laws and rules.
Although the draft examines each stage and aspect of patent filing, it does not cover infringement proceedings.
The draft clarifies the stance on multiple filings of the same documents, where the latest filed document shall be considered final. It has dedicated chapters on patent application filings, publication, examination and grants, different types of applications, oppositions at various stages, appeals, revocation and compulsory licensing, etc.
Timelines, general services, scientific advisers, powers of the controller, different offences and penalties, and miscellaneous provisions, etc., are also covered in the draft.
The IPO has a presence in four locations – Delhi, Mumbai, Kolkata and Chennai – with each office having its own clearly marked territorial jurisdiction. Comments and suggestions have been invited from stakeholders within 30 days of the draft’s release at cgoffice.in@gov.in and llc-ipo@gov.in.
