Since July 2007, the launch of the e-filing of Patent and Trademark applications by the Union Minister of Commerce & Industry, according to a news report, the number of electronically filed patent applications has reached 1,000. The first patent application was filed in August 2007 and the 1,000th patent application was filed in July 2008, which is equal to about 3 per cent of the total filing of the applications. The target has been set to reach 97 per cent e-filing in coming years.

In another significant development, the Patent office has issued a notification requiring the patent applicant to provide replies and also the grounds contesting the opposition to the entity which is opposing its grant of patent. This development is thought to be progressive in allowing companies to make optimum use of the pre-grant opposition provision. The officials at each patent office now would be required to provide to the opponent company an access to the patent applicant’s reply contesting pre-grant opposition.

The news report attributes the cause of this development to the lack of uniform standards in providing adequate response to the company opposing the grant of patent. It is thought that this development would increase the filing of pre-grant oppositions, which is a mere 300 till date, due to increased transparency by encouraging the entities to leverage the provision.

A robust patent scenario demands a through investigation and examination of the novelty and inventive step aspect of an invention before the grant of a patent on the same. The stage of pre-grant opposition with the stricter norms, due to the recent notification, thus ensuring transparency in cases related to pre-grant opposition, is viewed to increase the number of litigation cases at the early stage of the patent being granted. Also, it is viewed that when dispute goes to the court after the grant of the patent, the opponent company can also fight its case better.

Transparency in the operations of the Patent office has increased manifold with the automation and modernization of the Patent Offices across India. The e-filing of patent and trademark applications through Internet, simplification of processing of patent applications and the ISA/IPEA status to the Indian Patent office has given an impetus to the overall patenting scenario.

Recently, in the field of capacity building the “Interactive Guidance”, a web-based interactive service, was launched to respond to queries on patents and trademarks. The Patent office is of the view that this endeavour will facilitate a two way communication between the various stakeholders and the Patent office primarily solving problems which the Patent office was finding difficult to solve over phone. Another milestone achieved is in the form of making available online the abstracts of patent applications published after eighteen months and also the decision of the Controller enabling anyone to check the legal status of their patent applications. The digitization of all patent records and the on-line availability of the records of granted patents are some which are undergoing in a major way. The Controller’s decisions can be searched using search condition restricted by any of the six options, (1) Patent Number, (2) Section, (3) Opponent, (4) Controller, (5) Application Number, and (6) Applicant Name. Online availability of Controller’s decision and availability of abstracts of patent applications published after 18 months, enhanced user-friendliness of E-filing gateway etc. are all significant in making the patent offices more responsive to industry needs.