The Department of Industrial Policy & Promotion (DIPP) has recently released a well-written, ‘discussion paper’ (available here), on the ‘Review of organizational structure of the Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indications’. This ‘discussion paper’ seeks to examine the steps that can be taken to enhance the efficacy of the patents & trademark offices and going by the issues raised in the paper, it does appear that the DIPP is open to making some radical changes to the existing structure. This ‘discussion paper’ presents a perfect opportunity to engage with the Government on a very critical issue and I sincerely hope that the IP fraternity engages in a constructive dialogue with the DIPP on reforming the system. In my limited experience, I must say that it is rare to see the various IP associations doing anything useful to further the cause of the profession and most of them limit their activities to mere networking conferences. Some of the notable exceptions to this trend are the Asian Patent Attorneys Association (APAA) which filed a petition before the Delhi High Court to get the IPAB working.
So, be the change that you want to see and send in your comments to the DIPP by the 30th of November, 2011. The DIPP usually puts up all the responses on its websites so that they are accessible to the entire public. I for one am interested to see the feedback from the IP fraternity.
The main issues for consideration raised in the end of the paper are as follows:
1. Given the radically different skill requirements of trade mark and patent office staff, the operational difficulties and the present challenges being faced by the O/o CGPDTM, is it desirable to establish an independent office for the Trade Marks and GI registry?
2. If so, what should be the organisational and reporting structure for each office?
3. Given the sensitivity of Patent law and practice in India and also the experience in other major IP Offices such as the USPTO, would it be appropriate to consider making the Office of CGPDTM autonomous? Is it possible to bifurcate the two offices and make the Trade Marks Registry and the Patent and Design Office two autonomous organizations?
4. What legal changes are required? What changes are required to the rules?
5. Can the reorganization of the office of CGPTDM be taken up within the existing framework without seeking any amendments to the law? If so, what can be an ideal model?
6. How should the office of the Controller be strengthened?
7. The Department had taken an initiative to outsource some part of the prior art search of the Patent office to CSIR. This project is proving to be beneficial. Which other organizations could be tapped for the purpose. Are there likely pitfalls that the department must take precautions against? What could be such precautions?
8. Is a similar outsourcing (including employment of temporary but qualified personnel) exercise possible in case of trademarks where more than 400000 trademark applications are pending at various stages? If so, what could be the safeguards that should be put in place?
9. What other measures can be used to improve the base of examination of applications within the framework of the existing legislation?
10. In spite of e-filing for patents etc. and streamlining of the examination process, is there a need for setting up additional offices?
11. The National Institute of Intellectual Property and Management, which is housed in Nagpur, is at present under the supervision of the CGPDTM. This institute needs to be developed into a world class institution for research and training in the field of IP. Would it be better for such an institution to be directly controlled by the Ministry or should it continue as one of the offices of CGPDTM?
12. The recruitment of officers has been delayed inordinately by the complicated, prolonged procedures involving interdepartmental approval. What could be the options to address this problem? Should a special dispensation be sought to address this issue. If so, what could be the possible course of action?
13. Since Trademark registration is a quasi judicial process involving opposition cases and hearings, what can be done to address the large number of vacancies for the post of Assistant Registrar and above? If it is not possible to select new officers immediately, what can be done to remedy the situation?
14. Considering the importance of trademarks in India and the fact that a majority of the application are made by Indian applicants, should the size of the Registry be addressed in the XII Plan? What could be an appropriate structure?
15. In view of the fact that some innovations can qualify for different kinds of IPRs, would it be better to have a single window at the front end for applicants for all kind of IPRs while the specific IPR issues could be handled by different offices at the back-end ?
16. Any other views on the subject.
Dear Prashant,
I am aware about efficacy of compound but from your post I am came to know about the efficacy of Patent?
anon
Dear Shamnad sir, its the time for you to come up with good suggestions.
As expected, the paper has failed to address issues related to the lack of promotional avenues for Patent examiners. Examiners have been languishing in the same post for over 8 years now with no silver lining in sight. Another good proposal would have been to do away with the Examiner-Controller system and come up with different levels of examiner, like Examiner 1, Examiner 2 and so on.
The proposal to separate patent and trademark offices is a very good one considering that functions and character of both offices are miles apart. Inspite of e-filing and digitization,it would be a good move, from the applicants’ perspective, to create additional offices atleast in all state capitals.
I have been selected as a Patent Examiner in DIPP-CSIR recruitment Feb 2011.Our recruitment was under Progress and i can say its going very slowly..
As far our concern the new Examiners are worrying about Promotions Policy in DIPP. we came to know that there is no promotions for 10 to 12 yrs ..And mostly we are going to retire as a Asst controllers.So it means that there is no career perspective in this Job.As a Examiners we are going to Examine the Patents formed by Research Institutions and Scientific Departments..So i dont know why we are not applicable to FCS..And as far our concern we got this Job through Recruitment done by CSIR ..So until unless there is a good Promotion criteria .No one is going to stay for long time in Patent office..I hope every knows the Problems of Patent Examiners.If govt gives good Pay scales then thay can expect good output from US..
So hope every one can suggest to DIPP about Promotions of Newly recruited Patent Examiners..We hope for the best (new Examiners)
Hi to everyone..
We have selected as a Patent Examiners DIPP-CSIR 2011..We came to know that there is no promotion Policy in Indian Patent office..So it is the big issue which should be resolved as soon as Possible..
Otherwise Most of The Examiners who are going to be Join soon will be quit the jobs in Couple of years..If IP office wants Transparency as well as Quality in Patents first the Promotions Policy should be sorted out..We are going to analyse Patent formed by Research Institutes ,Scientific Departments ..I dont know why we comes under FCS ( though it belongs to Ministry of Commerce and Industry ,But we are technical Staff).Even the same thing was mentioned by Sam Patroda on IPR issues 11 th Five year Plan to PM.But seems to be it was not implemented yet ..We dont know whats going on in Patent office..
Until unless there is no assurance of time Bound Promotions no examiners is going to stay more time in Indian Patent office..
I hope every one respond on the Promotion Issues..So that the DIPP can think of ..So i suugest all of us Support us..
We appreciate the things happening at Indian Patent office..Hope it become autonomous to have efficient Functioning.But The Examiners situations was worst.No promotions for years..If we look into other departments there is a good career perspective..The Persons who have joined with the Pay band 15600-39100 +Grdae pay of 5400 is moving to 6600,7600 in 2,4 years of Time..when in 6 th year they are moving to PB-4 (37400-67000) with the Grade pay of 7000 to 8000.But when it comes to Indian patent office..Even after 8 to 1o yrs also same Grade Pay..Even there is no Assurance that we are going to PB-4 before retirement age..So if it is the case Iam sure no Patent Examiner is going to stay with Indian patent office..DIPP secretaries and higher officials are not at all worrying about Promotions but they get time bound Promotions though if they wont do their duties.More over if we compare with USPTO,JPTO the Patent Examiners salaries are good as well as career growth is Possible..
Atleast from now onwards Indian patent office as well as higher authorities should think of Promotions as like other departments in order to Retains talented Examiners..Hope they mention this things in the Report before they submit to 12 th Five year Planing commission..
@ newly selected patent examiners: No one is bothered about retaining examiners here. Talented candidates will learn and quickly leave the system. The monthly target of remaining examiners will be increased in order to make up for the vacant posts. 2 years ago the monthly target was 10 cases per examiner. After the promotion of first batch as assistant controllers, the target was increased to 16 cases per month since the newly promoted controllers refused to examine. Similarly after new batch joins and many examiners quit, the monthly target may be increased to 20. As long as examiners are silently willing to bear any amount of workload, why should the office bother about retaining people or promoting them.They just want to get output as statistics so that top guns in the organization can get Performance linked incentive while denying even a paltry R. 2500 per annum as honorarium to examiners.
My sincere condolences to newly selected examiners.
Indian Patent office is merely for inventors to get patents not for examiners to have good career prospects. Finally, its only the bashing by spicyip, media, agents, minsitry, dept officials, etc is recieved by examiners at IPO after working for years without any promotions.
As an examiner who joined in 2003, I feel that prospects for examiners in this office is totally dismal. Some of my friends who realized the bleak promotion aspects left for private jobs and and doing well now. Others like me did not have the courage to leave are still hanging on as examiners even after 8 years. As promotions are vacancy based we have to wait for 50 officers to retire to get promotions. But many of the controllers in first batch are younger than us and would retire only after we retire.It is well known that the first batch used their political connections to get promoted even though vacancies did not exist at that time. The second batch doesnt have any such connections. Further the ministry has realized its mistake of promoting first batch and wont repeat its mistake now.In the patent office as long as one is an examiner we are treated like second class citizens and bonded labourers.once we become controllers we can escape doing work and be free.As the annual confidential reports are written by controllers, no examiner dares to speak out his mind or bring out the truth.This is the reason why we examiners have to be anonymous while expressing our views in such forums.
@anon 12:17
do you
1)regret lack of political connections?
2)wish to escape work?
i wish those two points in your post are just “slip of the toungue”.
let me remind you that you are an important & distinct statutory authority and nothing else.as long as you believe in the above, perception of others will never matter.
@ anon 11:04:
1.Yes. I regret lack of political connections because its all that matters in the patent office.One needs political connections for promotions, cancelling transfer orders, becoming GLs overlooking others’ seniority, foreign trips etc, to name a few. The other alternative is that one develops a very loud mouth. Usually rabble- rousers are left alone in the office.
2. Yes, I wish to escape work after observing promoted assistant controllers enjoying all their time in the office.
Thanks for the philosophical discourse reminding us of the “important & distinct statutory authority” stuff. Sounds good but its very far fetched from reality.Please shed your holier-than-thou attitude and come to terms with reality.
@anon 12:17
change is the realty.
anon 11:04
Don’t worry new recruits! Once you enter into the ‘den’ of patent system, u will see the other side of the ‘coin’–loads of money in lieu of promotional avenues… old recruits, although most of them are assistant controllers, r njoying without promotions n loads of black money. Welcome to the patent office n cheers da new recruits.
Hi everyone,
Though above issues are equally important still I think we are deviating from the main topic “DIPP Invites suggestions on reforming the Patents & Trademarks office”, which includes overall reform.
hi everybody,
i’m selected in the dipp recruitment exam 2011 but still have not got the joining. i find the career in IP very interesting as i have a good technical background in my graduation in electronics and telecommunications. i dont want to study any more technical or management now. i want to learn about my job as munch as i can and then want to start something of my own a few years later. please tell me what are the prospects in thus job and what other studies should i pursue(in distance learning or by taking leave). tell me if there are good career prospects(which of course includes money and kind of work) in this job. thank you in advance.
hi everybody,
i have been selected for examiner of patent & design, result declared on june 10,2011. can somebody tell me when should i expect my joining ?
Is there any panel/waiting list for the DIPP-CSIR Exam for the recruitment of examiner of patent held in January 2011? I have done Ph.D. (Microbiology) & very much interested to work as an examiner of patent. I have some publications in international journals and also an Indian patent to my credit.