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Indian Patent Law |
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The rights granted to an individual by a state for a stipulated time on revelation of an invention is known as patent. The Indian Patent Law has some interesting features that has made it unique in its own way.Office of the Controller General of Patents, Designs and Trade Marks ( CGPDTM) is the administrative body of Indian Patent Office. CGPDTM is a governing body under the government of India and is responsible for laws regarding patents, trade marks and designs.
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History of Indian Patent Law
The year 1856 saw the first act of protection of inventions on the model of the British Patent Law of 1852. According to the act the manufacturers were entitled to certain privileges for a period of 14 years. In 1859 there was a modification of the act according to which privileges were granted for new inventions. In 1872 the patents and designs protection act was passed wheras the year 1883 saw the protection of inventions act.
In 1888, the inventions and designs act was further consolidated. In 1911 the Indian Patents and designs acts were passed. In 1972 the Patents act was passed, the first time in independent India. In 1999 the patents Amendmend Act came into force. In 2002 the Patents Amenmend Act was enforced.
CGPDTM and administration of patent
The patent office in India has its headquarters in Kolkata and has its branch in New Delhi, Mumbai and Chennai. However the office of CGPDTM. The registration is done mainly in Mumbai, and also in New Delhi, Kolkata, Ahmedabad and Chennai. The design office is situated in Kolkata wheras the Patent Information System has its office in Nagpur.
The comptroller general is responsible for the Patent's Act, Trade Mark's Act and Design's Act and also advises the government of India on these issues. CGPDTM has made arrangements for Geographical Indications Registry in Chennai for administering the Geograp[hical Indication of the goods. The establishment of Geographical Indications Registry was done under the Registration and Protection Act of 1999.
There are 134 examiners and 31 assistant controllers in the Patent office of India. Besides 4 deputy controllers, 1 senior joint controller and 1 joint controller acts in complete collaboration in the four branches of Indian Patent Office. All the controllers are equally responsible for the administration of the patent act. The examiners have to submit the reports to the controllers who have the authority to accept as well as reject the reports.
According to the website of the government of India, measures have been taken to improvise the patent offices and attempts have been made to clear backlog problem and reach the target. The website also reveals that Indian Digitized Patent and Design data will be prepared for the modernization of the Indian Patent Law. Officials have revealed the first target to modernization has been reached and provisions for E- Filling of Patents and Trademarks has been made.
The Indian Patent Law has been amended in the years 1999, 2002, 2005 and in 2006.
For more information about patent log on to patentshub.com.
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