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 applications.

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,

New Delhi, March 24, 2008

Rajendran Nallusamy
on 24 March 2008
Published in Intellectual Property Rights
Source : ,



IPC Grand Course     |    x