09Nov/16

Brief Summary of the IPO-Stakeholders Meeting held on November 02, 2016 at New Delhi

The Stakeholders-IPO meeting was called by the Patent Office for receiving feedback/ suggestions directly from stakeholders. The Patent Agents Association – India (“PAAi”) submitted a list of concerns received from the Patent Agents. We are sharing below a brief summary of the points discussed in the meeting:
– Need of a helpdesk at the Indian Patent office. Every complain should have a complaint number and should be trackable

– Limit to uploading of documents in 8 MB currently. Need to increase it.

– Real time information fetching from PCT in case of national phase filing.

– Clarification with respect to what documents are needed to claim small entity status (in case the applicants is from foreign country)

– Filing receipts should be modified (name of the applicant should be there)

– Priority document should be directly procured by the IPO from the PCT ( in case of national phase filings)

– Section 8(1) and 8(2) were discussed. You are bounds to give information under section 8(1). Under 8(2) only when the controller asks.

– Date on Form 1 was discussed.

– Need for private pair in India (similar to US private pair)

РTimeline for checking formalities (should be before the FER Рmay be within 6 month of filing)

– Requirement for changes in FER format.

– Section 4 was discussed.

– Proof of right

– Clarification regarding postdating of applications was also sought

– Problem with respect to Examiners not acknowledging the latest response and issuing actions on the old claims was discussed.

– Adding of email addresses corresponding to old applications (as now OA are sent only on email)

On most of the points, CG asked them to email highlighting the cases where they are facing problems. Also, CG noted many of them and assured of working on them.