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Even after two and a half years of the new patent regime, Indian patent offices continue to function without the patent examiners' Bible -- the key operational manual essential to guide patent examiners carry out uniform scrutiny of patent applications.
While non-government organisations (NGOs) like National Working Group on the Patent Laws term this as a grave mistake that is leading to granting of frivolous patents, government officials say the issue will soon be resolved as the draft manual is close to finalisation.
"It is the most important document that needs to be prepared. We have gone into every aspect of the patent law and the patent rules to prepare the manual. We have incorporated the suggestions of the parliamentary committee in this regard. The draft should be ready by September 15. It will be finalised after we have got suggestions from all stakeholders," said NN Prasad, joint secretary, Department of Industrial Policy and Promotion.
What has made matters worse is the sudden increase in the work load of the patent offices in Delhi, Chennai, Kolkata, and Mumbai.
The offices have been flooded with 53, 297 patent applications after India introduced product patents across all categories in 2005.
The 140 patent examiners on the rolls have managed to examine only 25 per cent of the 28,882 applications filed in 2006-07 and only 17 per cent of the 24,415 applications filed in 2005-06.
"The absence of proper scrutiny to provide faster clearances for real innovations and a chronic shortage in the number of quality patent examiners have turned the patent system a tool for shopkeepers and vendors rather than researchers," B K Keyla, the convenor of NWGPL, said, adding: "All kinds of applications are cleared and patents are being given for brooms, tooth brushes and toilet seat covers while thousands of applications on pharmaceuticals and other novel processes are pending."
"We have earmarked Rs 320 crore for the second phase of modernisation of patent system. In phase II, 600 more patent examiners will be recruited to augment the current strength of around 140," Prasad said.
On the question of trained patent examiners opting for highly-paid jobs in private sector, Prasad said that all patent examiners who were given overseas training were on a three-year bond.
"Beyond that one can do nothing. If our patent examiners are offered excellent salaries outside, it is a compliment to us. It shows that our training is world class. With so many freshers around, we will have no problem in getting sufficient patent examiners," he explained.
However, Amit Sen Gupta, secretary, All India Peoples Science Network, said the results from the first phase of modernisation were yet to be seen.
"The first phase itself had seen the government spending Rs 153 crore on modernising the entire system. However, the quality of data available in the public domain remains poor. Even abstracts of patent applications are not always given," he said.
According to him, Indian patent office should make patent applications, patent grants and full text of patents granted available online.
"The transparency that we see in the US and Europe is nowhere to be seen here.Our request for a list of pre-grant opposition to patents were not entertained by the patent offices. The weekly patent journal does not give clear details about the patent application. A person is compelled to go for paid information (cost of getting full text of one application is Rs 1,500) even when patent officials are supposed to give the abstract free," he said.
