In recent years, innovations in patenting, design, testing, and issuing patents and trademarks have led to the development and expansion of “business opportunities”, making India a centre of innovation. This has also started India on its way to build a robust Intellectual Property Rights infrastructure.
Government body Controller General of Patents, Designs & Trade Marks (CGPDTM) has quadrupled the number of patents and trademark registrations in the past five years, taking “extreme caution” to expedite patent testing for SMEs, businesswomen, and start-ups.
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The patenting exercise has been simplified and streamlined along with new timelines for disposal of applications and shift to digital mode to promote ease of filing and obtaining services.
The Controller General of Patent, Design and Trademark
The Controller General of Patents, Designs & Trade Marks (CGPDTM) office is located in Mumbai. Attached to the Department of Promotion of Industry and Internal Trade (DPIIT), it is a part of the Ministry of Commerce & Industry. The Controller General is responsible for overseeing the implementation of the Patents Act, 1970, the Trade Marks Act, 1999, and the Designs Act, 2000, and advising the government on these matters.
CGPDTM officials have recently highlighted that the number of granted patents increased from 6,326 in 2015-16 to 28,391 in 2020-2021, and the number of trademark registrations increased from 65,045 in 2015-16 to 2,55,993 during the period 2020-21. In addition 4,505 rights were granted in 2015-16, rising to 16,402 in FY21. Dependence on the intellectual property department has been significantly reduced due to strict policy implementation to quickly resolve CGPDTM requests for approval of pending requests within days.
Boost for start-ups, MSMEs, and women entrepreneurs
Patent registration fees for beginners, SMEs and women entrepreneurs have fallen by 80%. The fee reductions approved by the department to help and support new entrepreneurs and women entrepreneurs in the country are showing positive results. Special care is being given to expedite the examination of patents filed, especially for applications filed by start-ups, women entrepreneurs and SMEs. Looking at the impact of these processes, it is noted that E-filing has increased from 30% to more than 95%. The key emphasis is on the use of digital media. Now, every application is processed online from start to finish, and hearings are conducted on phones. People no longer have to go to the patent office physically.
What more can be eased up?
More efforts will be needed to make the process more user-friendly to raise public awareness of things like community icons, geographical indication (GI) tags, and their significance. A geographical indication is used to find a product’s geographical origin and its unique quality attached to the root. In addition, as suggested by the government, competent authorities must also envision instituting scholarships for students studying Intellectual Property law and hire professors from well-known institutions to assist with the patent examination process.
