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Thomas K. Thomas

New Delhi, Feb. 27 With the number of patent infringement related cases increasing in the pharmaceutical and other sectors, the Controller General of Patents, Designs &Trade Marks is planning to come out with a manual of Patent Practice and Procedure.

The move is aimed at bringing more transparency in the processes followed in awarding patents.

A number of domestic pharmaceutical companies have recently been sued for patent infringements. Companies in the technology and automobile sector have also been involved in patent violation cases.

According to an industry survey, multinational companies are wary of the lack of stringent laws governing Intellectual Property Rights in India.

The new manual is being aimed at creating awareness about the practices and procedures followed by Patent Office for processing of patent applications in the country. It also has past cases and highlights the laws that protect IPR and what can be patented in the country.

“There is not much awareness about IPR and patents in the country. The format of the manual is to reproduce successive sections and relevant rules of the Patents Act and Patents Rules followed by explanation and past decisions of the Patent Office.

“However, for convenience of users, related topics have been consolidated in one place.

Citations from decisions of the courts of India and other countries have been included to provide guidance and help the users,” said an official.

The draft of the manual has been released for the stakeholders to comment and suggest changes.

The Directorate has sought feedback before March 25 before it is finalised.

The official, however, said that the manual does not constitute rule making, and hence, do not have the force and effect of law.

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