Indian patent office starts functioning as ISA and IPEA

Indian patent office (IPO) has now started functioning as International Search Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT from 15th October 2013. IPO will search and examine patents filed under the Patent Classification Treaty (PCT). This is a major development and in itself is a huge responsibility for the Indian Patent Office.

The PCT, which currently has 17 nations acting as ISAs and IPEAs, enables inventions to be protected in each of the 148 contracting states. Indian Patent Office has certain advantages like reasonably low official fees charged for different categories as compared to other nations which are designated as ISA and IPEA. Also being the only English speaking nation in the Asian region to be recognized as an ISA/IPEA would mean that several international applications received by WIPO under the Patents Cooperation Treaty would be sent to the Indian Patent Offices for search and preliminary examination purposes.

Fees and Charges to be charged by IPO while functioning as ISA and IPEA:-

Kind of fee or charge Amount (Indian rupees)

Search fee (Rule 16.1(a))                                             10000 (2500)1

Additional fee (Rule 40.2(a))                                       10000 (2500)1

Protest fee (Rule 40.2(e) and 68.3(e))                          4000 (1000)1

Late furnishing fee (Rule 13ter.1(c) and 13ter.2)        4000 (1000)1

Preliminary examination fee (Rule 58.1(b)):

– where the international search report

was issued by the Authority                                         10000 (2500)1

– in other cases                                                             12000 (3000)1

Late payment fee for preliminary examination [amount as set out in Rule 58bis2]

Additional fee (Rule 68.3(a)):

– where the international search report

was issued by the Authority                                         10000 (2500)1

– in other cases                                                             12000 (3000)1

Cost of copies (Rules 44.3(b), 71.2(b) and 94.2)/page   4   
1 - individual entity

But this major leap forward comes with daunting challenge of dealing with the backlog of applications. Already IPO is running very much behind its schedule, it is interesting to see the developments and efforts that would be taken by IPO to deal with the situation.