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'Industry to benefit from utility model for patents'

After the elections, Centre may bring an amendment in the 2014 sessions of the Parliament, to accept the utility model in Indian Patent Act

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BS Reporter Chennai
Union minister of state for commerce and industry, E M Sudarsana Natchiappan, has requested academicians and  industry to work out a utility model (a simpler form of patent) for the country to improve commercialisation of innovations.

He also announced the government was planning to set up a permanent office and related facilities for the Intellectual Property Appellate Board (IPAB) near Chennai.

Inaugurating the conference on Valuation and Monetisation of Knowledge Assets with a theme on translational intellectual property strategies for businesses, organised by the Confederation of Indian Industry (CII), Natchiappan said, “I would draw the attention of the CII that whenever you have a conference, try to work out on a utility model also. The Chinese are very much benefited by the utility model. The Indian Patents Act is not having a provision for utility model. We are thinking to bring that knowledge...”
 
He said once the idea is developed, probably after the elections, the Centre can bring an amendment in the 2014 sessions of Parliament to accept the utility model in the Indian Patent Act.

Utility model is similar to a patent and gives an exclusive right to the holder to prevent others from commercially using the protected innovation for a limited period of time, according to the World Intellectual Property Organisation (WIPO).

The requirements are less stringent to acquire a utility model as compared with a patent grant. It is often sought for innovations, more of an incremental nature having a shorter term of protection, it says.

Elaborating the idea on the sidelines of the meeting, Natchiappan said, “Utility model is very successful in China. They utilised it for commercial purposes very quickly. Japanese and South Koreans are also supporting it. One of the important developments of their industrial prospects is utility model. Therefore, what we feel is our people also need not spend too much time on disciplined way of research. They can come out quickly with some utility model, so that some immediate need can be addressed.”

He added, “China has set their own target of having five million patents under the utility model by 2015. They are asking their citizens to register it. So why don't we explore it?”

Permanent Office for IPAB

The Minister also announced that the government is setting up a permanent facility for the IPAB, the appellate tribunal for patent and trade mark related disputes, which has been suffering from lack of capacity and manpower in the recent past. The government is planning to allocate seven acres in Kovalam beach, a coastal area near Chennai, for setting up an office with more modern facilities which have got the connectivity throughout the world.

"The patent issues are increasing with the multi national companies, more so with pharmaceutical companies, are involved in litigation. Therefore we want to create a reputation that India is having all required infrastructure. Gradually we will build up that, in seven acres, with all the facilities, library, digitalised system of communication and everything will be done. We have got overall estimate of Rs 35 crore," said the minister. However, initially the government is planning to spend Rs 15 crore for the new IPAB building.

The property is currently with the Salt Corporation, which is also under the portfolio of Natchiappan and it would be taken over by IPAB and the works for the new building would be started by the end of December, this year or first week of January, 2014. The works would be in a fast track mode and is expected to complete within one year from initiation, he added.

Similarly, the government has also taken steps to fill up the vacancies in the tribunal. The Union Public Service Commission (UPSC) has called for applications and the applications has been scrutinised. The vacancies will be filled up with the procedures completed, said the minister.

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First Published: Nov 27 2013 | 9:00 PM IST

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