Chapter 18
General Services
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General Services a. Patent Office provides certain statutory and non- statutory services for the dissemination of information related to patent processing. b. It may be noted that references to some of these services have already been made in the relevant Chapters. c. These services are enumerated in the following paragraphs as per standards set by the Patent Office. |
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Official Journal a. Every Friday the Controller publishes the Official Patent Journal electronically, which is made available on the official website of the Patent Office. b. The journal contains the following information: i. Section 11A publication, including early publication. ii. Withdrawal of Patent Applications. iii. Cessation of Patents. iv. Restoration of lapsed Patents. v. Post-Grant amendments. vi. Amendment of Patent granted to a deceased applicant. vii. Assignment after grant. viii. Post-Grant Oppositions. ix. Working of Patents. x. Revocation of Patents. xi. Compulsory Licences. xii. Rectification of Register by the Appellate Board. xiii. Details of Government use. xiv. General matters. xv. Surrender of patents. c. Publications under the Designs Act form the last part of the Journal published. |
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Information relating to Patent Applications and Patents a. At the request of a person (on plain paper), the Controller provides the following information regarding a Patent or an Application for a Patent. Separate requests shall be made in respect of each item: i. as to when a Complete Specification following a Provisional Specification has been filed or an Application for Patent is deemed to be abandoned; ii. as to when the information under Section 8 has been filed; iii. as to when Publication of Application has been made under Section 11 A;
iv.
as to
when an Application has been withdrawn under Section 11B;
v.
as to
when a request for examination has been made under Section 11B;
vi.
as to
when the examination report has been issued under Section 12;
vii.
as to
when an Application for Patent has been refused;
viii.
as to
when a Patent has been granted;
ix.
as to
when a renewal fee has been paid;
x.
as to
when the term of a Patent has expired or shall expire;
xi.
as to
when an entry has been made in the Register or Application has been made for
the making of such entry; or
xii.
as to when any
Application is made or action taken involving an entry in the Register,
publication in the Official Journal or otherwise, if the nature of the
Application or action is specified in the request. b.
The report
of the Examiner to the Controller under Section 12 is not open to public
unless directed by a Court of Law. c. Except (b) above, most of the information relating to patents is available on the official website. However, the information available on the official website of the Patent Office would not be sufficient for legal proceedings, for which a person may take recourse to (a) above. |
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Inspection and supply of copies of documents a. After the publication of application, the application along with the complete specification, provisional specification, drawing, if any, and the abstract may be inspected at the appropriate Patent Office. b. After the grant of a patent, the application along with the complete specification, provisional specification, drawing, if any, and abstract and related thereto may be inspected at the concerned Patent Office. c.
Request for inspection may be made in plain paper
along with the prescribed fee. d.
A person may obtain copies of any document open to
public upon payment of the prescribed fee. e.
Certified copy (as may be required for legal proceedings)
of any document open to public may be obtained upon payment of prescribed
fee. f.
Register of Patents may be inspected during the
working hours of the Patent Office by making a written application along with
the prescribed fee. g.
Certified copies of any entry in the Register is
available upon the payment of prescribed fee. h.
If a Certificate of Patent is lost or destroyed, an
application for a Duplicate Certificate of Patent may be made on a plain
paper clearly mentioning the grounds for issue of the same. |
Section 72, 147, 154. |
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Annual report of the Patent Office The Patent Office publishes an annual report comprising statistical information pertaining to the activities of Patent Office. Such report is placed before both the Houses of Parliament, whereupon the report is made available on the official website. |
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Information available at the Website The official website provides the following information: a. Indian Patent Information Retrieval System (IPIRS) provides information on: i. Granted Patents; ii. Published Patent Applications; iii. Controller’s decisions; and iv. Patent Application status. b. The objective of the IPIRS is to facilitate search in relation to Indian Patents / Patent Applications for the purpose of novelty and inventive step and to enable applicants or any other person to procure information pertaining to the status of a Patent Application. c. List of registered Patent Agents. d. Examination schedule for Patent Agents. Office Orders
/ Circulars by the Controller General are made available on the website. |
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