PRESS NOTE - MANUAL OF PATENT PRACTICES & PROCEDURES-SEEKING COMMENTS/SUGGESTIONS FROM THE STAKEHOLDERS
The draft Manual of Patent Practice and Procedure of the Patent Office
has been uploaded on the website of the Office of the Controller
General of Patents, Designs & Trade Marks (www.ipindia.nic.in)
seeking comments/suggestions from the users and stakeholders. The
Manual provides detailed information on the practices and procedures
followed by the Patent Office for processing of the patent
The objective of the Manual is to provide guidelines to the users and
also to the officials of the Patent Office in order to maintain
uniformity and transparency in dealing with various issues under the
Patents Act, 1970. The Manual, however, does not constitute rule making
and hence do not have the force and effect of law. While the Manual may
be regarded as a handbook, it does not impose any particular line of
action and cannot be quoted to that end.
The Manual has been so formatted as to reproduce the various sections
of the Patents Act, 1970 with relevant rules of the Patents Rules, 2003
followed by the explanations. The explanations given are supported by
citations from the decisions of the various courts of India including
the Supreme Court of India and the decisions of other Countries in
order to provide legal support to the explanation.
The draft Manual consists of XXV Chapters covering, inter alia, issues
related to origin and history of patent system in India, interpretation
of definitions, patentable subject matter including non-patentable
inventions, opposition proceedings, working of patents and compulsory
license and guidelines to the users for filing of the patent
applications etc. There are four annexures to the manual, detailing the
lists of Fees applicable for various proceedings, Fees in respect of
applications filed under Patent Cooperation Treaty (PCT), Forms to be
used for various proceedings and Case laws referred to in the manual.
The highlight of the current draft Manual is that the explanations are
supported, wherever possible, by relevant judicial pronouncements.
Therefore, this will provide more authoritative position to deal with a
particular issue under the Patent Law.
The draft Manual will be finalized in the light of the
comments/ suggestions received from the users and stakeholders and
would eventually replace the earlier edition of the manual.
The last date for furnishing comments/suggestions to the Office of the
Controller General of Patents, Designs and Trade Marks, S M Road, Antop
Hill, Mumbai – 400037 was 25 March, 2008. However, in order to get more
feedbacks from the stakeholders, the time for furnishing
comments/suggestions has been extended to April 15, 2008.
Department of Industrial Policy & Promotion, Ministry of Commerce and Industry,