Government of India Department of Industrial Office of the Controller Policy and Promotion General of , Designs & Ministry Of Commerce and Industry

INTELLECTUAL PROPERTY OFFICE, INDIA Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry

IPR Laws administered by Office of CGPDTM

Controller General of The Geographical Patents, Designs and The Patents Act, 1970 Indications of Goods Trademarks The Patents (Registration & Rules, 2005 (CGPDTM) Protection) Act, 1999 (GI)

The Trade Marks Act, 1999 The Designs Act, 2000 The Trade Marks Rules,2002 The Designs Rules, 2002

Patent Offices- , Delhi, & Trademarks Offices- Ahmedabad, Chennai, Delhi, Kolkata & Mumbai Geographical Indications Registry- Chennai Rajiv Gandhi National Institute of Intellectual Property Management- 2 Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry

The website of the Intellectual Property Office, India is http://www.ipindia.nic.in/ Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Benefits of IP protection Economy Innovation •GDP •Promotes innovation •Employment •increases funding for R&D •tax revenues and strategic •helps firms realize, monetize and secure importance. more value from innovations •promote foreign direct investment (FDI) •grow market value, develop new markets •technology transfers

Benefits consumers and society Companies that use IPR generally •providing consumers with innovative succeed better products and services •have a higher market value •drives solutions to many of society's most •helps small & medium-sized enterprises important needs •SMEs that rely on IP of all sorts reported • helps protect consumers from inferior higher growth, income and employment and dangerous counterfeits. than those that do not -- in some cases as much as 20% more. Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Face of Intellectual Property India  IPR framework which is stable  well established judicial and administrative regime  TRIPS Compliant laws.

Legislative initiatives  system in India first introduced by Act VI of 1856. The Patents and Designs Act, 1911 established a patent system in India, under the Controller of Patents for the first time, with a term of 14 years. The Patents Act, 1970 came into force on 20th April, 1972 and was amended in 1999, 2002 and 2005. Product Patents in all fields of technology and term of protection for product and process patents enhanced to 20 years. Establishment of Appellate Board as specialized IP Tribunal. Improved timelines to enforce transparency and ensuring time-bound disposal of applications Amendments in Rules to streamline processing Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Administrative initiatives Computerisation Transparency and dissemination of information regarding all IP applications Comprehensive e-filing facility for Patents and Trademarks on 24x7 basis Real time status of IP applications with entire file wrappers and e-registers Comprehensive payment gateway for patents Weekly publication of online journals. Complete electronic processing of Free Public search facility. Patents and Trademarks applications QR coded office communication for through specialized modules- central authentication. server at IPO Delhi. Stock and flow of patent and Search access to comprehensive online applications at all stages Patent and Non-Patent global database Dynamic utilities for patents- first examination and trademark database. reports, disposal, working of patents information, lapsed/ceased patents Dynamic utilities for trademark applications: Examinations, show cause hearing, publications, registrations and other disposals, notices and international applications designating India. Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Administrative initiatives Quality management in processing of IP Awareness generation applications Awareness programs being Separate Manuals of Office Practice and conducted: industrial clusters, Procedures for Patents, Designs and GI academic institutions, producers of Specialized technology groups for traditional products (for GI) examination of patent applications Public training programmes Examination Guidelines for Traditional Efforts for incorporating an IPR Knowledge ,Biotechnology and chapter in school curriculum. Pharmaceutical related inventions issued Amendment in the Patent Rules, 2014 Computer related inventions being finalised. surcharge on offline filing to Highly trained examiners and controllers. promote online filing -increase in Quality Management Teams constituted at online filing from around 30% to all locations. around 78% Initiative for SME’s: new category of 'small entity' introduced to provide fee concessions 7 Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry International Cooperation- Recent Developments

International Searching and Preliminary Madrid Protocol Examining Authority (ISA/IPEA) International registration of trademarks • Operationalised from 15th October, 2013. brought into force from 8th July, 2013. • Indian is one of 17 countries as Application can be made in over 90 ISA/IPEA. countries through a single application in one language with one set of fees filed at • Nationals/residents of India can avail search the Trademarks Registry. and examination facilities for international Time-bound processing and registration patent applications under Patent Cooperation of Trademarks. Treaty. All applications filed online and • All applications processed electronically. processed electronically through • Acting as ISA/IPEA for Republic of Iran. software module.

MOU between South Centre Geneva and DIPP for training of Patent Examiners Exchange of best practices in examination Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Comprehensive e-filing Portal- facility for filing of Patents and Trademarks applications on 24x7 basis This facility is available on https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.

Option: Password or Digital signature

Patents

Trade Marks Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry E-filing with Digital Signatures • IPO visualizes the concept of paperless office as its objective wherein all the communication, interaction and transactions can take place online. • IPO steps forward in this direction with the Comprehensive version of e-filing services incorporating:  Authenticity- Digitally signed document are legally equivalent to signed paper documents as per Indian IT Act 2000  Identity- Users of Digital signature in e-filing of Patents & TMR applications can easily establish identity of filed documents.  Security- Allowing server and client to establish secure connection through Secured Socket Layer. Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Transaction Process Online Net- Cont Digital banking/ Credit/ d. Signatures Debit Card

Registration Application of Digital Signatures to Digest Login Authentication Payment Gateway With User ID & OR With User ID & Digital Password Signatures Drafting of Application Successful Transaction

Saving the Application Draft Acknowledgement Slip Conversion into Digest using Hash Function Cont. Generation of CBR (Along with Permanent . Numbers) Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry

Digital signing methodology used in IPO & TMR E-filing

Application

1 hash Application Digest Function 3 (SHA2) signature

Application Digest

2 Signer Private key Digital Signature IPO Server Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry

E-filing Trend (New Applications) Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Proportion of Applications (Patents) 2007-08 2008-09 2009-10 1.18% Counter filing 8.18% 15.84% E-filing Counter filing Counter filing E-filing E-filing

91.82% 84.16% 98.82% 2010-11 2011-12 2012-13 16.68% 22.32% 28.55% Counter filing Counter filing Counter filing E-filing E-filing E-filing 77.68% 83.32% 71.45% 2013-14

35.33% Counter filing E-filing 64.67% Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Proportion of Applications (Trade Marks)

2007-08 1.03% 2008-09 2009-10 0.20% 2.33%

Counter filing Counter filing Counter filing E-filing E-filing E-filing

99.80% 98.97% 97.67% 2010-11 2011-12 2012-13 6.97% 15.17% 20.11% Counter filing Counter filing Counter filing E-filing E-filing E-filing 93.03% 84.83% 79.89%

2013-14

27.39% Counter filing E-filing

72.61% Government of India Office of the Controller General of Patents, Designs Department of Industrial Policy and Promotion & Trademarks Ministry Of Commerce and Industry Validation of Certificates Introduction of QR Codes to securely verify and validate the originality of issued certificates

HTTPS Protocol

Encrypted QR Code For Further information Please Contact:

www.ipindia.nic.in Office of Controller General of Patents, Designs and Trademarks Baudhik Sampada Bhavan, Antop Hill, S. M. Road, Mumbai - 400 037