Streamlining efficiency at the Indian patent office

The administrative machinery through which IP rights are granted and maintained is as important as the statute which governs the system. As a result, the efficiency of a country’s IP law is often measured by the functioning of its IP office.

Functional inefficiencies of the Indian patent office have until now acted as roadblocks hindering the development and practice of IP law in the country. The escalation of patent filings and the increasing number of multinational firms looking towards India with regard to protection of their clients’ IP have provided compelling reasons to address and rectify these problems. That work of improvement recently began, with major changes introduced to the administration of the office soon after the accession of its new controller general, PH Kurien.

Changes in operation

The changes include a streamlining of procedures for applications and oppositions, and the classification and grouping of examiners and controllers in relation to the subject areas being dealt with. The examiners have now been divided into four subject-specific groups: chemistry and allied sciences, biotechnology and microbiology, mechanical and allied sciences, and electrical, electronic and allied subjects. This has been done to ensure that applications reach the persons who are best qualified to examine them.

Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.