“Bullet” Kurian, the swift high energy Controller General of the Indian Patent and Trademark Office, has struck again. And this time with a good 5-6 policy measures aimed at streamlining the functioning of India’s patent and trademark administration and making it more transparent and efficient. Some of the prominent ones are listed below:
1. Specialised Work Allocation
An oft cited problem with the Indian patent office is the fact that patent applications are often allocated arbitrarily to examiners, without regard to their specific qualifications . In other words, an examiner with a background in IT is often confronted with a biotechnology patent application.
Kurian seeks to tackle this issue through an order dated April 29, 2009 which reads in pertinent part as below:
Kurian seeks to tackle this issue through an order dated April 29, 2009 which reads in pertinent part as below:
“At present there is no uniform practice of allotment of patent applications for examination at the Patent Office….. The existing practice of attaching examiners to a particular controller is not on scientific basis, with the result that the controllers/examiners are getting patent applications outside their field of expertise for examination….”
In order to rationalise the allotment of patent applications and to further improve the quality of examination, the order goes to divide examiners and controllers into 4 subject specific groups:
i) Chemistry and Allied Sciences
ii) Biotechnology and Microbiology
iii) Mechanical and Allied Subjects
iv) Electrical, Electronic and Allied Subjects
Each group will have a group leader, who is responsible for co-ordinating the process of ensuring that applications that fall within his/her respective group is allotted to examiners within that group.
Complementing the above order are two further orders:
2. Conformity to the Indian Patent Classification (IPC)
An order dated May 20, 2009 calls for strict compliance with the International Patent Classification (IPC) in the classification and screening of Indian patent applications.
3. Transfers
Several orders transferring officials between the four branches of the Indian patent and trademark office (IPTO) have been issued. CH Unni covers this in a Mint article. These transfers are interalia meant to further the objective of the specialised work allocation agenda outlined above. Illustratively, if Chennai has an excess of biotech examiners, and Delhi a deficit, then examiners are transferred from Chennai to Delhi. All these orders are available on the Patent Office website.
4. Calling for More Professionalism by Patent and Trademark Attorneys
In a rather bold move, PH Kurian has lambasted attorneys who submit shoddy applications noting as below:
“During the past four months of my experience as CGPDTM, it has come to my notice that a majority of the patent and trade marks applications are not complying with the legal formalities. It is a matter of shame for me that the patent/trade marks agents who have passed the examination and qualified themselves to be agent are continuously making such mistakes in the applications thereby creating lot of constraints on IP administration system in sending notices to comply with simple legal formalities, whereas you as a qualified /registered agent is expected to be well aware of the legal formalities.
I personally appeal to you to be diligent while prosecuting the patent/trade mark application. Your care and caution will go a long way in making the system efficient to serve you and your client in a better fashion.”
5. Identity Cards to Curb Corruption
In yet another bold move, Kurian passed an order restricting entry to the IPTO. Henceforth only authorised agents with valid ID cards (issued by the IPTO) will be permitted to enter the IPTO offices. One might hazard a guess that this move to regulate entry and exit into this office is interalia with a view to quelling corruption and other cosy relationships that have a greater propensity for taking root in an unrestricted environment.
6. Soliciting Officers on Deputation
In a very important move, Kurian is now soliciting qualified officers and academics to come on deputation to the IPTO from other government departments, public sector undertakings and even from Universities. As one will appreciate, this will add more manpower and expertise to an office that is crunched for resources. Importantly, it is a terrific opportunity for government folks and even academics to experience the workings of an institution that is growing in global importance (and efficiency) each day. For those interested in taking up these positions, apply soon.
Given past allegations of corruption and inefficiency, these measures will go a long way towards correcting some of the institutional infirmities that unfortunately crept into the workings of the Indian Patent and Trademark Office (IPTO). More importantly, one hopes that these bold measures to increase transparency and efficiency continue unabated long enough to help this office attain the best international standards. And to convert it to a govt agency that others (both in India and abroad) consider worth emulating.
In some branches, Examiners belonging to Microbiology have been put in Mechanical Engineering group. What is the logical reason for this? Further it is glaringly evident that Kurien has spared corrupt officers, especially in Mumbai, and has even rewarded them with position of group leader while penalising honest Examiners who have been transferred to other offices. For example a Biotechnology Examiner from Chennai has been transferred to the Mechanical Engineering group in Mumbai(See the circular dated 13-5-09). Is there any logic behind this? In other branches Biochemistry has been placed under Group1(Chemistry) but in Mumbai, Dinesh Patil(Biochemistry) is made the group leader of Group2(biotechnology). Dont such actions smack of some fishy activities going on in the IPO? Further, only Male officers have been transferred irrespective of their personal problems while Women officers, who are present in large numbers in the organization have been spared. Newly promoted Officers have not been transferred as is the norm in other Govt offices. Instead, only Examiners are being targetted as they are lower down the pecking order. This has further lead to an imbalance thereby putting more pressure on the others while leading to great resentment among the rank & file of the organization. Kurien is losing the ability to inspire performers and may turn out to be ‘just yet another CG’.
Incredible!
The recent actions taken by Controller General at various patent and trademark offices does show concern on the much needed reforms at the patent and trademark offices by reallocating various officials. Equally what is more important is patent and trademark database management. Today to some extent patent database does give much information on various patent applications filed and granted. However, as far as pre-grant oppositions are concerned, there is much of a need for providing updates on oppositions filed and decisions delivered from time to time. Further, all patents granted should at least publish claims as granted by the patent office, as this will be much helpful to everyone.