Document

download Document

of 17

Transcript of Document

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    1/17

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    2/17

    2

    IPR Laws administered byOffice of CGPDTM

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

    The Patents Act, 1970

    The PatentsRules, 2005

    The Designs Act, 2000The Designs Rules, 2002

    The GeographicalIndications of Goods

    (Registration &Protection) Act, 1999

    (GI)

    Controller General ofPatents, Designs and

    Trademarks

    (CGPDTM)

    Patent Offices- Chennai, Delhi, Kolkata & MumbaiTrademarks Offices- Ahmedabad, Chennai, Delhi, Kolkata & MumbaiGeographical Indications Registry- Chennai

    Rajiv Gandhi National Institute of Intellectual Property Management -Nagpur

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    3/17

    The website of the Intellectual Property Office, India is http://www.ipindia.nic.in/

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    4/17

    EconomyGDPEmploymenttax revenues and strategicimportance.

    promote foreign direct investment (FDI)technology transfers

    Benefits of IP protectionInnovationPromotes innovationincreases funding for R&Dhelps firms realize, monetize and securemore value from innovations

    grow market value, develop new markets

    Benefits consumers and societyproviding consumers with innovativeproducts and servicesdrives solutions to many of society's mostimportant needs helps protect consumers from inferiorand dangerous counterfeits.

    Companies that use IPR generallysucceed betterhave a higher market valuehelps small & medium-sized enterprisesSMEs that rely on IP of all sorts reportedhigher growth, income and employmentthan those that do not -- in some cases as

    much as 20% more.

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    5/17

    Face of Intellectual Property IndiaIPR framework which is stablewell established judicial and administrative regimeTRIPS Compliant laws.

    Legislative initiativesPatent 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

    applicationsAmendments in Rules to streamline processing

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    6/17

    ComputerisationComprehensive e-filing facility forPatents and Trademarks on 24x7 basisComprehensive payment gateway forpatents

    Complete electronic processing ofPatents and Trademarks applicationsthrough specialized modules- centralserver at IPO Delhi.Search access to comprehensive onlinePatent and Non-Patent global databaseand trademark database.

    Administrative initiatives

    Transparency and dissemination of informationregarding all IP applicationsReal time status of IP applications with entire filewrappers and e-registersWeekly publication of online journals.Free Public search facility.QR coded office communication forauthentication.Stock and flow of patent and trademarkapplications at all stagesDynamic utilities for patents- first examinationreports, disposal, working of patentsinformation, lapsed/ceased patentsDynamic utilities for trademark applications:Examinations, show cause hearing, publications,registrations and other disposals, notices andinternational applications designating India.

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    7/17

    Quality management in processing of IPapplications

    Separate Manuals of Office Practice andProcedures for Patents, Designs and GISpecialized technology groups forexamination of patent applicationsExamination Guidelines for TraditionalKnowledge ,Biotechnology andPharmaceutical related inventions issuedComputer related inventions being finalised.

    Highly trained examiners and controllers.Quality Management Teams constituted atall locations.

    7

    Administrative initiativesAwareness generation

    Awareness programs beingconducted: industrial clusters,academic institutions, producers oftraditional products (for GI)Public training programmesEfforts for incorporating an IPRchapter in school curriculum.

    Amendment in the Patent Rules, 2014surcharge on offline filing to

    promote online filing -increase inonline filing from around 30% toaround 78%Initiative for SMEs: new category of'small entity ' introduced to provide

    fee concessions

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    8/17

    International Searching and PreliminaryExamining Authority (ISA/IPEA)

    Operationalised from 15 th October, 2013. Indian Patent Office is one of 17 countries as

    ISA/IPEA.

    Nationals/residents of India can avail searchand examination facilities for internationalpatent applications under Patent CooperationTreaty.

    All applications processed electronically.

    Acting as ISA/IPEA for Republic of Iran.

    Madrid ProtocolInternational registration of trademarksbrought into force from 8 th July, 2013.Application can be made in over 90countries through a single application in

    one language with one set of fees filed atthe Trademarks Registry.Time-bound processing and registrationof Trademarks.All applications filed online andprocessed electronically through

    software module.

    MOU between South Centre Geneva and DIPP for training of Patent ExaminersExchange of best practices in examination

    International Cooperation- Recent Developments

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    9/17

    Comprehensive e-filing Portal- facility for filing of Patents and Trademarks applications on 24x7 basisThis facility is available on https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin .

    Patents

    Trade Marks

    Option:Password or Digital signatureOption:Password or Digital signature

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    10/17

    IPO visualizes the concept of paperless office as its objective whereinall the communication, interaction and transactions can take placeonline.

    IPO steps forward in this direction with the Comprehensive version of e-filing services incorporating:

    Authenticity- Digitally signed document are legally equivalent tosigned paper documents as per Indian IT Act 2000

    Identity- Users of Digital signature in e-filing of Patents & TMRapplications can easily establish identity of filed documents.

    Security- Allowing server and client to establish secureconnection through Secured Socket Layer.

    E-filing with Digital Signatures

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    11/17

    Transaction Process

    DigitalSignatures

    Online Net-banking/ Credit/

    Debit Card

    Registration

    Login

    With User ID &Password

    With User ID & DigitalSignatures

    OR

    Drafting of Application

    Saving the ApplicationDraft

    Conversion intoDigest using Hash

    FunctionCont..

    Authentication

    Contd.

    Application of Digital Signatures toDigest

    Payment Gateway

    Successful Transaction

    Acknowledgement Slip

    Generation of CBR (Along with PermanentNumbers)

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistry Of Commerce and Industry

  • 8/9/2019 www.ipindia.nic.in_eLearning_IPO.pdf

    12/17

    Digital signing methodology used inIPO & TMR E-filing

    Application

    hashFunction

    (SHA2)

    Application Digest

    DigitalSignature

    Signer Private key

    Application Digest

    signature

    1

    2

    3

    IPO Server

    Office of the Controller General of Patents, Designs& Trademarks

    Government of IndiaDepartment of Industrial Policy and PromotionMinistr