Functions Of Controller General Of Patents, Designs And Trade Marks

Functions Of Controller General Of Patents, Designs And Trade Marks

In India, the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is a key authority responsible for the administration and management of patents, designs, and trademarks in the country. The CGPDTM operates under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India. Let’s delve into the functions of the Controller General of Patents, Designs, and Trade Marks in more detail:

1. Granting Patents:

• The CGPDTM is responsible for granting patents for inventions under the Patents Act, 1970, and its subsequent amendments.
• This includes examining patent applications, determining patentability criteria, and granting patents to inventors for their inventions.
• The CGPDTM ensures that patents are granted to inventions that are new, involve an inventive step, and are capable of industrial application.

They head a department that oversees the entire spectrum of IP rights related to:

• Patents: The CGPDTM administers the Patents Act, 1970. This involves:
  • Granting patents for inventions that meet the criteria of novelty, inventive step, and industrial application.
  • Maintaining the register of patents and ensuring their proper functioning.
  • Examining patent applications and issuing decisions on grant or rejection.
  • Handling post-grant procedures like opposition proceedings and revocation of patents.

Patent Search Services

The search service may be availed by sending the search request in the standard format for search request.

List of Services

• State of Art Search
• Bibliographic Search
• English Equivalent Patent Search
• Equivalent Family Patent Search
• Assisted Search

2. Registration of Designs:

• The CGPDTM is responsible for the registration of industrial designs under the Designs Act, 2000.
• This includes examining design applications, ensuring compliance with the requirements of the Designs Act, and registering designs that are new or original.
• Registered designs protect the visual appearance of a product, including its shape, configuration, pattern, or ornamentation.

Their functions include:

• Registering new and original designs for articles.
• Maintaining the register of designs.
• Examining design applications and issuing decisions on registration or rejection.
• Handling post-registration procedures like rectification of the register and cancellation of designs.

3. Registration of Trademarks:

• The CGPDTM is responsible for the registration of trademarks under the Trade Marks Act, 1999.
• This includes examining trademark applications, ensuring compliance with the requirements of the Trade Marks Act, and registering trademarks that are distinctive and capable of distinguishing the goods or services of one person from those of others.
• Registered trademarks provide exclusive rights to the owner to use the trademark in relation to the goods or services for which it is registered.

Their responsibilities include:

• Registering trademarks used or proposed to be used in India.
• Maintaining the register of trademarks.
• Examining trademark applications and issuing decisions on registration or rejection.

Handling post-registration procedures like opposition proceedings, rectification of the register, and renewal of trademarks

4. Examination and Processing of Applications:

• The CGPDTM examines patent, design, and trademark applications to ensure compliance with the relevant laws and regulations.
• This includes conducting substantive examinations to determine patentability, novelty, inventive step, and industrial applicability of inventions, as well as the distinctiveness and non-generic nature of trademarks.
• The CGPDTM also processes applications for the registration of patents, designs, and trademarks, including the publication of applications for opposition purposes.

5. Publication of Intellectual Property Journals:

• The CGPDTM publishes official journals related to patents, designs, and trademarks, including the “Patent Journal,” the “Design Journal,” and the “Trade Marks Journal.”
• These journals contain information about patent, design, and trademark applications, registrations, and other relevant matters, and are made available to the public for information and reference purposes.

The CGPDTM’s office performs functions like:

• Providing information and guidance to the public on IP matters.
• Promoting awareness about intellectual property rights.
• Collaborating with international organizations on IP issues.

6. Maintenance and Administration of Intellectual Property Databases:

• The CGPDTM maintains and administers databases of patents, designs, and trademarks, including the Patent Information System (InPASS), the Design Applications Online (DAS), and the Trade Marks Registry Electronic Application System (TREAS).
• These databases provide access to information about patents, designs, and trademarks registered in India, and facilitate online filing and processing of applications.

7. International Cooperation and Coordination:

• The CGPDTM represents India in international forums and organizations related to patents, designs, and trademarks, including the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and other relevant bodies.
• The CGPDTM participates in international conferences, seminars, and meetings to promote cooperation and coordination on intellectual property issues and to share best practices and experiences with other countries.

8. Policy Formulation and Implementation:

• The CGPDTM is involved in the formulation and implementation of policies, laws, and regulations related to patents, designs, and trademarks in India.
• This includes providing inputs and recommendations to the Government of India on matters related to intellectual property rights (IPR) and participating in the drafting and amendment of relevant laws and regulations.

Delving Deeper: The CGPDTM’s Work in Action

We’ve established the CGPDTM’s core responsibilities for patents, designs, trademarks, and geographical indications. But intellectual property law can be a complex beast, so let’s explore some real-world scenarios to understand how the CGPDTM’s work impacts everyday life in India:

Scenario 1: The Ayurvedic Medicine Breakthrough

Dr. Sharma invents a unique herbal concoction with remarkable healing properties. To protect his invention and prevent others from copying it, Dr. Sharma needs to file a patent application with the Indian Patent Office, which falls under the CGPDTM’s purview. The CGPDTM will examine Dr. Sharma’s application to ensure it meets the criteria of novelty, inventive step, and industrial application. If granted, the patent gives Dr. Sharma exclusive rights to manufacture, sell, and import his invention for a specific period.

Scenario 2: The Stylish Saree Design

A renowned fashion designer creates a stunning new saree design with intricate embroidery. To prevent others from copying her unique design, she registers it with the Trade Marks and Design Registry, overseen by the CGPDTM. The registration process ensures the designer has exclusive rights to use the design on her sarees and prevents unauthorized reproduction.

Scenario 3: Darjeeling Tea – A Geographical Treasure

The distinct flavor and aroma of Darjeeling tea are attributed to its specific growing region in the Himalayas. To protect this unique identity and prevent misleading labeling, Darjeeling tea is registered as a Geographical Indication (GI) with the CGPDTM. This ensures only tea grown, processed, and packaged in the designated Darjeeling region can be labelled as such, protecting both consumers and producers.

Beyond the Granting Process: The CGPDTM’s Continued Role

The CGPDTM’s work doesn’t stop at granting patents, trademarks, or registering designs. They also play a crucial role in:

• Dispute Resolution: If disputes arise regarding ownership, infringement, or validity of intellectual property rights, the CGPDTM can provide mechanisms for resolving these conflicts.
• Opposition Proceedings: Third parties can oppose the grant of a patent, trademark, or design registration. The CGPDTM conducts hearings and makes informed decisions on these oppositions.
• Post-Grant Procedures: The CGPDTM manages procedures like renewals for trademarks, maintenance fees for patents, and recordal of assignments or licenses related to IP rights.

Conclusion: The Controller General of Patents, Designs, and Trade Marks plays a crucial role in the administration and management of patents, designs, and trademarks in India. By granting patents, registering designs and trademarks, examining and processing applications, publishing official journals, maintaining databases, promoting international cooperation, and formulating and implementing policies, the CGPDTM contributes to the promotion and protection of intellectual property rights in the country, thereby fostering innovation, creativity, and economic development.