Patent Trademark

Patent, Trademark Filing goes the E-way!


In keeping with the trend of adopting all things, ‘E’ and making systems more time e-fficient and e-z…. the Indian Government has introduced the e-filing system for patents and trademarks.

E-savvy indeed!

An article in The Hindu reports

The Government has launched a facility for e-filing of patent and trademark applications to speed up the process of securing exclusive rights over a product or trading symbol.

“With the launch of e-filing facilities, applicants can file their patent and trademark applications at their convenience through the Internet. Payments can also be made through payment gateway of authorized bankers, which would save time and money and the hassles involved in visiting and filing the applications in offices,” the Union Minister for Commerce and Industry, Mr Kamal Nath, said

The modules for e-filing and on-line processing have been developed by the National Informatics Centre, while the payment gateway is currently being provided by State Bank of India.

Mr Nath said that the next step is to make the Indian Patent Office an International Search Authority and an International Preliminary Examining Authority under the Patent Co-operation Treaty.

The Indian Government has been on a spree to shore up its IPR image and project itself as a mature player in the world IPR arena .Concerted efforts to revamp systems, legislations and the knowledge base have catapulted India into the elite list of nations that offer a conducive climate to protect investment and foster innovation through an effective IPR protective mechanism.

As of now five lakh trademarks have been registered in the country and efforts are being taken to ensure the backlog of applications is cleared promptly, Secretary in the Department of Industrial Policy and Promotion Ajay Dua said.

Last year, 29,000 patent applications were filed in the country, of which 8,000 were approved, he added.

Dua said the number of patents in the country increased by over 600 per cent from 1999-2000, when less than 5,000 applications were filed.

Dua said the government had undertaken a Rs 153-crore programme to modernize infrastructure of Intellectual Property Offices in the country, under which four new offices were built in metros. A National Institute of Intellectual Property Management would also be set up in Nagpur to train people in IPR.

A word of caution though….. What is essentially intended to raise the efficiency levels of the system, if used otherwise could potentially lead to frivolous registrations. Let us hope that what is primarily intended to serve does not act counterproductive and stifle.

The winds of change, brings with it the rain-the rain that can either fill the ears of the corn or add strength to the thorn.!!!!!

6 comments.

  1. AvatarAysha Shaukat

    Ease of use and the convienience afforded by the facility,may just about prompt ovezealous innovators to shop around.

    Another pitfall is that it could lead to a hurried filing, where the innovator in a attempt to secure his rights at the earliest may do so in haste without exploring its potential to the fullest.

    Filings may be done without full complinace to the filing reqiurements, ….the dichotomy of virtual . vs. real experience would be applicable in the case of e-filings as well.

    Also a simple everyday logic

    Its common habit to order door delivered junk food , after a block buster on the tube…..just bcause the convienience is available…. as against the fact that one may just got o bed after a bowl of fruit.
    Simple logic finds broad application!

    Here is a link that touches upon common pitaflls of e-filing
    http://www.ipd.gov.hk/eng/newtrade/Workshop_AvoidDeficienciesInFilingENG.pdf

    Trust this clarifies.

    Reply
  2. Avatarmedicherla.ravi

    i think e -filing cannot be feared off. as far as patents are concerned the fee and the way it is levied takes care .ovezealous will shop around whether or not e filing is available. “Jerome Lemelson was controversial for his alleged use of submarine patents to negotiate licenses worth over 1.3 billion dollars from major corporations in a variety of industries” and did that when there was no e-filing avlbl!
    (http://en.wikipedia.org/wiki/Jerome_H._Lemelson).
    assuming that e filing results in higher filing ,we have to remember that there is a prosecution mechanism ahead!

    Reply
  3. AvatarAysha Shaukat

    Hey Ravi…Curious to know about the ‘prosecution mechanism ahead.’

    I agree that e-filing cannot be feared of, but one need to needs to be aware of the flip and flop sides and factor it in accordingly

    Could you please clue me in on that.
    thanks

    Reply

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