Indian Patent Office
Encyclopedia
The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Indian government and administers the Indian law of Patents, Designs and Trade Marks.
The patent office is headquartered at Kolkata
with branches in Chennai
, New Delhi
and Mumbai
, but the office of the CGPDTM is in Mumbai. The office of the Patent Information System is at Nagpur
.
The Controller General, who supervises the working of the Patents Act, the Designs Act, and the Trade Mark's Act, also advises the Government on matters relating to these subjects. An IAS officer, Mr. P.H.Kurian is now the Controller General.
Under the CGPDTM, a Geographical Indications Registry has been established in Chennai to administer the Geographical Indications of Goods (Registration and Protection) Act, 1999.
The Indian Patent Office has 75 Patent Examiners, 70 Assistant Controllers, 7 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller, all of whom operate from four branches. Although the designations of the Controllers differ, all of them (with the exception of the Controller General) have equal authority in administering the Patents Act.
The unwarranted promotion of many Examiners as Assistant Controllers has further led to an imbalance in the set-up of the Patent Office, thereby disrupting the normal functioning of the organization . Now there are more supervisors(Controllers) than workers(Examiners).http://www.moneycontrol.com/news/cnbc-tv18-comments/indian-patents-hit-due-to-ongoing-battle_502588.html.
An Indian Patent Examiner is mandated to search for prior art and for objections under any other ground as provided in the Patent's Act ,to report to the Controller, who has the power to either accept or reject Examiner's reports.Unlike the USPTO /EPO/JPO , Examiners at IPO have only recommending power and the controllers are empowered by statute either to accept or refuse the recommendation.(Sections 12 -15 of the Patent's Act, page 100,Item 8.04.10 of Patent office manual).Examiner's report to Controller are not open to public unless Court's allow (section 144 of the Patent's Act).A Parliamentary committee has recommended for repealing S144 http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Commerce/88th%20Report.htm.
Examiner attrition seems to be issue with the Office. Despite the attrition the number of first office actions have increased from 2004-05 probably due to increased output from the Office. The Controller General, Mr.P.H.Kurian, in an interview, has promised time-bound promotions to Officers and recruitment of new Examiners. This may mitigate the crisis of lack of officers and the problem of attrition due to low pay and lack of promotion. There are around 75 examiners who have been languishing in the same post without promotion for over 8 years from 2003 onwards.
A recent report of a concerned government official has recommended outsourcing of search in view of increased work load .IPO has started to outsource prior-art searches http://www.financialexpress.com/news/patent-office-outsources-authentication-searches-to-csir/749158/0.
According to Indian newspaper Mint, Indian patent examiners have the world's highest workload and lowest pay. While a patent examiner in the European Patent Office would handle less than seven patent applications per month and a USPTO examiner would handle eight applications per month, an Indian examiner reportedly handles at least 20 applications a month. However an Indian examiner’s monthly salary is less than a third of his/her counterparts in other foreign patent offices.http://www.livemint.com/2010/09/13220649/IndianIPexaminershaveworld.html?atype=tp
The Indian Patent Office has implemented a modernization program according to an Indian govt website. And according to this website "Efforts have been made to improve the working of the Patent Offices within the resources available and that the problem of backlog is also being attacked through 50% higher monthly target for disposal of patent applications per Examiner". Full text of Indian Patents are now available along with prosecution history http://www.ipindia.nic.in/ipirs1/patentsearch.htm,http://www.epo.org/learning-events/events/conferences/emw2011/programme/abstracts_de.html#bala. E- Filing of Patents & Trademarks is made possible and according to an Indian Minister the first phase of the modernization comes to an end and the Indian Patent office wishes to be an International search Authority. The second phase of modernization has been proposed with the aim of achieving US patent examination efficiency among others. Patent filings during the year 2007-08 were 35000.
The Ministry of commerce has come out with a discussion paper in order to address the issues plaguing the Indian Patent Office. Granting financial and administrative autonomy, Separation of Patent and Trademark offices, setting up of additional offices are some of the issues put forth for input from stakeholders.
A controversial provision of this amendment was on software patent
-ability, which was later withdrawn in another amendment (Patents Act, 1970, as amended by Patents (Amendment) Act, 2005). It is clear from the legislative history and interpretation of provisions in the Patent Act, 1970 (as amended in 2005) that the Patent office should not allow intrinsic patent-ability of computer programs. But there is evidence suggesting that the Patent office has acted otherwise. Patent Rules 2003 were amended in 2005 and again in 2006. Some of the important features of both the 2005 & 2006 Rules are the introduction of reduced time lines and a fee structure based on specification size and number of claims, in addition to a basic fee.
'Though clause (k) of Section (3) of the Indian Patent Act holds computer programmes 'per se' or algorithms as non-patentable, technical 'application of software' or 'software combined with hardware' including embedded systems, may be granted patent' according to R S Praveen Raj
, former patent examiner from Indian Patent Office.
(WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15 September 2003. GIs have been defined under Article 22(1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) Agreement as: “Indications which identify a good as originating in the territory of a member, or a region or a locality in that territory, where a given quality, reputation or characteristic of the good is essentially attributable to its geographic origin.”
The GI tag ensures that none other than those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. Darjeeling tea
became the first GI tagged product in India, in 2004-05, since then by September 2010, 132 had been added to the list, this include, Salem Fabric, Kancheepuram Silk Sarees, Madurai
Sungudi Sarees, Bhavani Jamukkalam, Coimbatore
wet grinders, Bikaneri Bhujia
from Rajasthan, Guntur Sannam
chilli
, Tirupati Laddu
, Hyderabadi haleem
and Gadwal
sarees from Andhra Pradesh, Nashik valley wine, Mahabaleshwar
strawberry and Paithani
sarees from Maharashtra
, Kinnauri shawl from Himachal Pradesh, Kasaragod sarees and Kuthampully sarees from Kerala, Sandur Lambani embroidery and Kasuti embroidery
from Karnataka
, and Banarasi
brocades and sarees and hand-made carpet from Bhadohi
in Uttar Pradesh.
Other GI patented items from Karnataka
include: Ilkal saree
s, Channapatna toys
, Hoovina Hadagali jasmine, Monsooned Malabar
coffee, Monsooned Malabar Robusta Coffee and Coorg
Green Cardamom, Molakalmuru
sarees, bronze ware, Navalgund
Durries, Mysore Ganjifa cards, Mysore silk, Mysore agarbathis (incense sticks), Bidriware (metal design), Mysore rosewood inlay, Mysore sandalwood oil
, Mysore Sandal Soap
, Mysore traditional paintings, Coorg orange, Mysore betel leaf
, Nanjangud
banana, Mysore jasmine and Udupi jasmine.
The patent office is also not enforcing the rules and regulation mentioned in the act.
According to the section 24 of patent act "The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be 18 month from the date of priority. The controller shall publish the application in the Journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24-A"
The rules are un-clear and there is no fixed action stated. The word "shall" is been used as a protection shield by the Patent office and has never published any of the application within one month from the date of request or expiry of said period. This is one of the examples, many more can be listed. It seems to be that Patent Office is biased.
Generally, the time taken by the Indian Patent Office (IPO) to grant a patent is around 3–4 years from the date of first filing. US Attorneys are behind USPTO to reduce the 2 years period taken by the USPTO.
Patent administration
The CGPDTM reports to the Department of Industrial Policy and Promotion(DIPP) under the Ministry of Commerce and Industry and has five main administrative sections:- Patents
- DesignsDesign patentIn the United States, a design patent is a patent granted on the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design...
- Trade Marks
- Geographical indications
- Patent Information System
The patent office is headquartered at Kolkata
Kolkata
Kolkata , formerly known as Calcutta, is the capital of the Indian state of West Bengal. Located on the east bank of the Hooghly River, it was the commercial capital of East India...
with branches in Chennai
Chennai
Chennai , formerly known as Madras or Madarasapatinam , is the capital city of the Indian state of Tamil Nadu, located on the Coromandel Coast off the Bay of Bengal. Chennai is the fourth most populous metropolitan area and the sixth most populous city in India...
, New Delhi
New Delhi
New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
and Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
, but the office of the CGPDTM is in Mumbai. The office of the Patent Information System is at Nagpur
Nagpur
Nāgpur is a city and winter capital of the state of Maharashtra, the largest city in central India and third largest city in Maharashtra after Mumbai and Pune...
.
The Controller General, who supervises the working of the Patents Act, the Designs Act, and the Trade Mark's Act, also advises the Government on matters relating to these subjects. An IAS officer, Mr. P.H.Kurian is now the Controller General.
Under the CGPDTM, a Geographical Indications Registry has been established in Chennai to administer the Geographical Indications of Goods (Registration and Protection) Act, 1999.
The Indian Patent Office has 75 Patent Examiners, 70 Assistant Controllers, 7 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller, all of whom operate from four branches. Although the designations of the Controllers differ, all of them (with the exception of the Controller General) have equal authority in administering the Patents Act.
The unwarranted promotion of many Examiners as Assistant Controllers has further led to an imbalance in the set-up of the Patent Office, thereby disrupting the normal functioning of the organization . Now there are more supervisors(Controllers) than workers(Examiners).http://www.moneycontrol.com/news/cnbc-tv18-comments/indian-patents-hit-due-to-ongoing-battle_502588.html.
An Indian Patent Examiner is mandated to search for prior art and for objections under any other ground as provided in the Patent's Act ,to report to the Controller, who has the power to either accept or reject Examiner's reports.Unlike the USPTO /EPO/JPO , Examiners at IPO have only recommending power and the controllers are empowered by statute either to accept or refuse the recommendation.(Sections 12 -15 of the Patent's Act, page 100,Item 8.04.10 of Patent office manual).Examiner's report to Controller are not open to public unless Court's allow (section 144 of the Patent's Act).A Parliamentary committee has recommended for repealing S144 http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Commerce/88th%20Report.htm.
Examiner attrition seems to be issue with the Office. Despite the attrition the number of first office actions have increased from 2004-05 probably due to increased output from the Office. The Controller General, Mr.P.H.Kurian, in an interview, has promised time-bound promotions to Officers and recruitment of new Examiners. This may mitigate the crisis of lack of officers and the problem of attrition due to low pay and lack of promotion. There are around 75 examiners who have been languishing in the same post without promotion for over 8 years from 2003 onwards.
A recent report of a concerned government official has recommended outsourcing of search in view of increased work load .IPO has started to outsource prior-art searches http://www.financialexpress.com/news/patent-office-outsources-authentication-searches-to-csir/749158/0.
According to Indian newspaper Mint, Indian patent examiners have the world's highest workload and lowest pay. While a patent examiner in the European Patent Office would handle less than seven patent applications per month and a USPTO examiner would handle eight applications per month, an Indian examiner reportedly handles at least 20 applications a month. However an Indian examiner’s monthly salary is less than a third of his/her counterparts in other foreign patent offices.http://www.livemint.com/2010/09/13220649/IndianIPexaminershaveworld.html?atype=tp
The Indian Patent Office has implemented a modernization program according to an Indian govt website. And according to this website "Efforts have been made to improve the working of the Patent Offices within the resources available and that the problem of backlog is also being attacked through 50% higher monthly target for disposal of patent applications per Examiner". Full text of Indian Patents are now available along with prosecution history http://www.ipindia.nic.in/ipirs1/patentsearch.htm,http://www.epo.org/learning-events/events/conferences/emw2011/programme/abstracts_de.html#bala. E- Filing of Patents & Trademarks is made possible and according to an Indian Minister the first phase of the modernization comes to an end and the Indian Patent office wishes to be an International search Authority. The second phase of modernization has been proposed with the aim of achieving US patent examination efficiency among others. Patent filings during the year 2007-08 were 35000.
The Ministry of commerce has come out with a discussion paper in order to address the issues plaguing the Indian Patent Office. Granting financial and administrative autonomy, Separation of Patent and Trademark offices, setting up of additional offices are some of the issues put forth for input from stakeholders.
Amendments to the Patents Act
Amendments (in 1999, 2002, 2005, 2006) were necessitated by India's obligations under TRIPS, allowing product patents in drugs and chemicals. Another important feature was the introduction of pre-grant representation (opposition) in addition to the existing post-grant opposition mechanism. The pre-grant representation has had success in a short span. One example is the abandonment of a patent application by Novartis on Glivec (Imatinib Mesylate), revoking the earlier granted EMR on the same drug used to treat Leukemia.A controversial provision of this amendment was on software patent
Software patent
Software patent does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a "patent on any performance of a computer realised by means of a computer program".In 2005, the European Patent Office...
-ability, which was later withdrawn in another amendment (Patents Act, 1970, as amended by Patents (Amendment) Act, 2005). It is clear from the legislative history and interpretation of provisions in the Patent Act, 1970 (as amended in 2005) that the Patent office should not allow intrinsic patent-ability of computer programs. But there is evidence suggesting that the Patent office has acted otherwise. Patent Rules 2003 were amended in 2005 and again in 2006. Some of the important features of both the 2005 & 2006 Rules are the introduction of reduced time lines and a fee structure based on specification size and number of claims, in addition to a basic fee.
'Though clause (k) of Section (3) of the Indian Patent Act holds computer programmes 'per se' or algorithms as non-patentable, technical 'application of software' or 'software combined with hardware' including embedded systems, may be granted patent' according to R S Praveen Raj
R S Praveen Raj
R S Praveen Raj is an Indian social activist and intellectual property rights expert. Born on 31 March 1979, he started his career as an electrical and electronics engineer...
, former patent examiner from Indian Patent Office.
Patent duration
Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date (See No.41 of FAQs on Indian Patent Office website).Geographical Indications tags
India, as a member of the World Trade OrganizationWorld Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
(WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15 September 2003. GIs have been defined under Article 22(1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPS) Agreement as: “Indications which identify a good as originating in the territory of a member, or a region or a locality in that territory, where a given quality, reputation or characteristic of the good is essentially attributable to its geographic origin.”
The GI tag ensures that none other than those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. Darjeeling tea
Darjeeling tea
Darjeeling tea is a black tea from the Darjeeling region in West Bengal, India. When properly brewed, it yields a thin-bodied, light-colored infusion with a floral aroma...
became the first GI tagged product in India, in 2004-05, since then by September 2010, 132 had been added to the list, this include, Salem Fabric, Kancheepuram Silk Sarees, Madurai
Madurai
Madurai is the third largest city in the Indian state of Tamil Nadu and one of the oldest continuously inhabited cities in the world. It served as the capital city of the Pandyan Kingdom. It is the administrative headquarters of Madurai District and is famous for its temples built by Pandyan and...
Sungudi Sarees, Bhavani Jamukkalam, Coimbatore
Coimbatore
Coimbatore , also known as Kovai , is the second largest city in the Indian state of Tamil Nadu. It is a major commercial centre in Tamil Nadu and is known as the "Manchester of South India"....
wet grinders, Bikaneri Bhujia
Bikaneri Bhujia
Bikaneri Bhujia often simply called Bhujia is a famous crisp snack and is prepared by using besan and spices, originating from, Bikaner, a town in the western state of Rajasthan in India. Its other ingredients include moth dal, vegetable oil, salt, red chilli, black pepper, cardamom, cloves etc....
from Rajasthan, Guntur Sannam
Guntur Sannam
Guntur Sannam or Capsicum Annuum var. Longhum, is one of the most famous types of chillies and has a huge demand throughout the world. It widely grows in Guntur, Warangal, and Khammam districts of Andhra Pradesh in India.-Origin:...
chilli
Chili pepper
Chili pepper is the fruit of plants from the genus Capsicum, members of the nightshade family, Solanaceae. The term in British English and in Australia, New Zealand, India, Malaysia and other Asian countries is just chilli without pepper.Chili peppers originated in the Americas...
, Tirupati Laddu
Tirumala Venkateswara Temple
Tirumala Venkateswara Temple ), is a Hindu temple in the hill town of Tirumala, near Tirupati in the Chittoor district of Andhra Pradesh, South India. It is around from Chennai, from Hyderabad, and from Bangalore....
, Hyderabadi haleem
Hyderabadi haleem
Hyderabadi haleem is a type of meat stew of Hyderabad, India. The high-calorie haleem is a popular dish prepared during the Muslim month of Ramadan, since it is regarded as an ideal food to break the Ramadan fast...
and Gadwal
Gadwal
Gadwal is a town, Mandal and a municipality in Mahbubnagar district in the state of Andhra Pradesh, India. It is located 188 km from Hyderabad, the state's capital.- Geography :Gadwal is located at...
sarees from Andhra Pradesh, Nashik valley wine, Mahabaleshwar
Mahabaleshwar
Mahabaleshwar is a city and a municipal council in Satara district in the Indian state of Maharashtra. It is a hill station located in the Western Ghats range. With one of the few evergreen forests of the world, it served as the summer capital of Bombay province during the British Raj.-Geography...
strawberry and Paithani
Paithani
Paithani is a variety of sari, named after the Paithan town in Aurangabad Maharashtra state where they are woven by hand. Made from very fine silk, it is considered as one of the richest saris in Maharashtra....
sarees from Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
, Kinnauri shawl from Himachal Pradesh, Kasaragod sarees and Kuthampully sarees from Kerala, Sandur Lambani embroidery and Kasuti embroidery
Kasuti
Kasuti is a traditional form of embroidery practiced in the state of Karnataka, India. Kasuti work which is very intricate sometimes involves putting up to 5,000 stitches by hand and is traditionally made on dresswear like Ilkal and Kanchivaram sarees...
from Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
, and Banarasi
Banarasi
Banarasi saris are saris made in Varanasi, a city which is also called "Benares." These saris are historically considered to be among the finest saris in India and are known for their gold and silver brocade, fine silk and opulent embroidery, and being highly sought after...
brocades and sarees and hand-made carpet from Bhadohi
Bhadohi
Bhadohi is a city ,Lok Sabha constituency and a municipal board in Sant Ravidas Nagar district in the state of Uttar Pradesh, India. Also known as the "Carpet City", as it is home to the largest hand-knotted carpet weaving industry hubs in South Asia...
in Uttar Pradesh.
Other GI patented items from Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
include: Ilkal saree
Ilkal saree
Ilkal saree is a traditional form of saree which is a common feminine wear in India. Ilkal saree takes its name from the town of Ilkal in the Bagalkot district of Karnataka state, India. Ilkal sarees are woven using cotton warp on the body and art silk warp for border and art silk warp for pallav...
s, Channapatna toys
Channapatna toys
Channapatna toys are a particular form of wooden toys that are manufactured in the town of Channapatna in the Bangalore Rural district of Karnataka state, India. This traditional craft is protected as a geographical indication under the World Trade Organization, administered by the Government of...
, Hoovina Hadagali jasmine, Monsooned Malabar
Monsooned Malabar
Monsooned Malabar is a variety of dry processed coffee beans. The harvested and processed beans are exposed to the monsoon winds for a period of about three to four months, causing the beans to swell and lose the original acidity, resulting in a sweet and syrupy brew...
coffee, Monsooned Malabar Robusta Coffee and Coorg
Kodagu
Kodagu , also known by its anglicised former name of Coorg, is an administrative district in Karnataka, India. It occupies an area of in the Western Ghats of southwestern Karnataka. As of 2001, the population was 548,561, 13.74% of which resided in the district's urban centres, making it the least...
Green Cardamom, Molakalmuru
Molakalmuru
Molakalmuru is a panchayat town in Chitradurga district in the Indian state of Karnataka. It is near the border of Karnataka state with Andhra Pradesh. It borders the Rayadurg Taluk of Ananthpur district of Andhra Pradesh. Molakalmuru has major villages like Rampura, Hangal...
sarees, bronze ware, Navalgund
Navalgund
Navalgund or Navalagunda is a panchayat town in Dharwad district in the Indian state of Karnataka.Navalagunda or Navilagunda means hill of peacocks.-Geography:...
Durries, Mysore Ganjifa cards, Mysore silk, Mysore agarbathis (incense sticks), Bidriware (metal design), Mysore rosewood inlay, Mysore sandalwood oil
Sandalwood oil
Sandalwood oil is an essential oil obtained from the steam distillation of chips and billets cut from the heartwood of the Sandalwood tree. Sandalwood oil is used in perfumes, cosmetics, and sacred unguents.-Main Constituents:...
, Mysore Sandal Soap
Mysore Sandal Soap
Mysore Sandal Soap is a brand of soap manufactured by the Karnataka Soaps and Detergents Limited , a company owned by the Government of Karnataka in India. This soap has been manufactured since 1916 when Nalvadi Krishnaraja Wodeyar, the king of Mysore set up the Government Soap Factory in Bangalore...
, Mysore traditional paintings, Coorg orange, Mysore betel leaf
Betel
The Betel is the leaf of a vine belonging to the Piperaceae family, which includes pepper and Kava. It is valued both as a mild stimulant and for its medicinal properties...
, Nanjangud
Nanjangud
Nanjangud is a town in Mysore district in the Indian state of Karnataka. It is a temple town and is on the banks of the river Kapila , and lies at a distance of 23 km from the city of Mysore.Nanjangud is famous for Srikanteshwara Temple...
banana, Mysore jasmine and Udupi jasmine.
Criticism
As per An Indian patent Attorney in a Leading IP magazine, patents which were beyond the Act were granted by the Office. The Indian Patent office seems to have unusually high grant rate (refer to page 14 of the patent office annual report for the year 2005-06 in respect of number of refused patent applications), compared to other major patent Offices (EPO annual report for 2006, p22), and indicates the complete failure of the "well established" quality assurance systems covering the patent granting procedures. The reason behind this is attributed to the fact that a majority of patent applications filed in India are PCT National Phase cases which have an International Search/Examination report. Therefore it is easy for Controllers to decide on granting a patent for the application.This is not the case in well established Patent offices of developed countries where a majority of the applications are local(ordinary) applications. Here a search has to be carried out and based on the documents recovered during this search, the final outcome of the application is decided. Hence there can be no comparison with the number of cases examined and granted in India and abroad. Further, the monthly target for Indian examiners is 16 new applications per month (in addition to amended applications and other responsibilities) as compared to a maximum of 5 abroad. More importantly, the Indian Patent Office strictly has only 12 months to grant/refuse the application as compared to foreign patent offices where applicants can extend the final date indefinitely. Knowledge commission, an Indian govt appointed body has recommended measures regarding the functioning of the Office. Recently the patent grant of a pharma drug has attracted attention. It should also be noted that the Patent office has not come up with final guidelines (Manual of Patent Practice and Procedure). It is unclear whether the patent office is still revising its draft manual which is kept for public inspection since 2005. A Delhi high court judgment has found that the Indian Patent Office has followed a lowered inventive step criterion (TSM method)in respect of a cancer drug patent.The patent office is also not enforcing the rules and regulation mentioned in the act.
According to the section 24 of patent act "The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be 18 month from the date of priority. The controller shall publish the application in the Journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24-A"
The rules are un-clear and there is no fixed action stated. The word "shall" is been used as a protection shield by the Patent office and has never published any of the application within one month from the date of request or expiry of said period. This is one of the examples, many more can be listed. It seems to be that Patent Office is biased.
Generally, the time taken by the Indian Patent Office (IPO) to grant a patent is around 3–4 years from the date of first filing. US Attorneys are behind USPTO to reduce the 2 years period taken by the USPTO.