The Patent Office functions under the superintendence and control of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai. The Office of CGPDTM is a sub-ordinate office under the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Government of India. The Patent Office discharges its statutory functions in accordance with the provisions of the Patents Act, 1970 (as amended) and corresponding Patents Rules, 2003 (as amended) and the Designs Act, 2000 and corresponding Designs Rules, 2001 (as amended), respectively. Grant of a patent confers upon the patentee, where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India, and where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India. Registration of a design confers upon the registered proprietor the exclusive right to apply a design to any article in any class in which the design is registered.
While patents can be granted by the Patent Office located at any location, i.e. Kolkata, Delhi, Chennai and Mumbai, only the Designs Wing of the Patent Office, Kolkata registers designs. Under the Patents Act, 1970, the statutory authority for grant of patents is the Controller General of Patents, Designs and Trade Marks (CGPDTM).
CGPDTM also delegates his powers under the law to his subordinate officers e.g. Senior Joint Controller of Patents & Designs, Joint Controller of Patents & Designs, Deputy Controller of Patents & Designs, Assistant Controller of Patents & Designs (All Group ‘A’ officers). The other statutory post under the Group A category is the Examiner of Patents & Designs. An Examiner examines patent and design applications and submits a report to the Controller. Examiners also assist the Controllers in all procedural, administrative and supervisory functions connected with various proceedings under the said Act and the Rules.
The Patent Office works from four locations viz. Delhi, Mumbai, Kolkata and Chennai. A patent application is required be filed in the appropriate office in accordance with rule 4 of the Patents Rules, 2003. Similarly, a design application can be filed at the Patent Office located at any of the above four locations. Introduction of office automation and electronic
processing of patent applications has resulted in a significant level of uniformity and transparency. Information, to the maximum possible extent, has been made available online to the public viz. information relating to patent applications, status of the applications, examination reports and other documents. Processing of a patent application is a multi-stage process, involving filing of an application, electronic data processing, verification, screening and classification, publication, examination, pre-grant opposition, grant/refusal, etc. The Official Journal of the Patent Office is published weekly on every Friday. The Journal contains the information mandated by the Act to be published. For Designs, such information is also published in the Official Journal. This office also has a website (www.ipindia.nic.in) which provides a comprehensive view of the organization and its activities. Patent Office also publishes an Annual Report which is placed before both Houses of the Parliament every year.