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