The Patent Office, India

January 19, 2011

In India, the patent rights (one of the Intellectual Property
Rights) are granted to the patentee (i.e. inventor or his
assignee), by the Government of India acting through The
Controller General of Patents, Designs, Trademarks and
Geographical Indications (website: <http://ipindia.nic.in>),
under Department of Industrial Policy and Promotion,
Ministry of Commerce and Industry, (See Box – A for
Geographical indications) to the patentee i.e. inventor or
his assignee. There is a Head Office at Kolkata and there
are 3 branch offices at, Chennai, Delhi and Mumbai. With
specified territorial limit to each of these offices [See Box 1].
There is also an appellate board (common with that for
trademarks), for appeals against Controller’s decisions in
certain sections. After granting a patent, the patent office
maintains a register of patents, and to what extent the
patented inventions are worked. It is mandatory for a
patentee to inform Patent Office every year the working of
a patented invention. If required, it provides licences of right
for working the patented invention. After that, it may revoke
the patent if it is not satisfactorily worked. Government also
has the right to use any invention patented in the country.
However, it is not for the Patent Office to enforce the patent
rights, fight out infringement of the rights, it is for the patentee
to go to the courts, right in time, to vacate infringement if
any. For details and intricacies of Patentability of an invention,
provisions, conditions of the Act, one must consult a Patent
Attorney.

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