Latest news with #CGPDTM
The Hindu
3 days ago
- Business
- The Hindu
Delhi HC seeks Centre's reply on plea alleging unlawful data access in Patent Office
The Delhi High Court on Friday (May 30, 2025) directed the Centre to file its response to a plea by the All India Patent Officers' Welfare Association (AIPOWA), which seeks a Central Bureau of Investigation (CBI) inquiry into alleged unlawful access of sensitive unpublished data in the country's patent and trademark offices by a private multinational company. 'What's going on in the Patent Office?' remarked Justice Sachin Datta at the outset of the hearing. The court noted that the plea raised a 'valid allegation' but suggested the matter could be pursued as a public interest litigation (PIL). However, counsel for the petitioners, advocate Gyanant Kumar Singh, clarified that the association members were serving officers in the same office and, therefore, could not declare that they had no personal interest in the matter — an essential requirement for filing a PIL. Taking the matter on record, the court observed in its order, 'It is alleged that a private multinational company has been given unbridled access to sensitive data without requisite checks and balance. Petitioner[s] seek that an appropriate investigation be conducted in the matter. Let a reply be filed.' The matter has been posted for further hearing on August 29. In its petition, AIPOWA has sought a probe into how sensitive, unpublished information related to pending patent and trademark applications was allegedly accessed by representatives of Kaizen International, a private multinational firm, without proper authorisation. The plea claimed that Kaizen is a multinational company with clients in various industries and fields 'where trade secrets and innovations are coveted assets.' It cautioned that access to data in patent and trademark offices by Kaizen 'may have compromised the functioning of Intellectual Property offices, requiring investigation and measures to tackle the fallouts.' The Association represents Group-A patent officers who perform quasi-judicial functions relating to the grant of patents. The Association said the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) initially denied, under the Right to Information (RTI) Act, the existence of any document with regard to work being executed by Kaizen. It was only after a Capacity Building Commission (CBC) report referred to Kaizen's role that the CGPDTM furnished a tripartite Memorandum of Understanding (MoU) dated March 6, 2023. The MoU—signed by the CGPDTM, CBC, and the Centre for Effective Governance of Indian States (CEGIS) Foundation—mentioned coordination with the Kaizen team for 'process improvement.' The plea stated that while Kaizen International was not a party to the MoU, the agreement 'opened doors for it without any tendering process by stating,' adding that the MoU was signed by Controller General Unnat P. Pandit as the head of the CGPDTM without the requisite approval of the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry.
Time of India
26-05-2025
- Business
- Time of India
Formulating CRI guidelines key to improving software patent review: Experts
New Delhi: The formulation of guidelines for examining computer-related inventions (CRIs) would help strengthen the patent examination framework for software and digital innovations , according to experts. As India positions itself as a global technology hub, these guidelines would also address the complexities of patenting CRIs while aligning with judicial precedents and the demands of emerging technologies like Artificial Intelligence (AI), quantum computing, and blockchain computing, they said. CRIs comprise inventions, involving the use of computers, computer networks or other programmable apparatus and techniques related thereto and include such inventions having one or more features of which are realised wholly or partially by means of a computer hardware/software. The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued the draft guidelines for the examination of CRIs on March 25 this year. "This is a welcome move, as it signals India's intent to foster innovation in high-growth sectors while ensuring that speculative or abstract concepts do not clog the patent system," KAnalysis Partner Amit Singh said. The significance of these rules grows as recent developments in the field of information and communication technology and computer science, such as advancements in artificial intelligence (AI), blockchain technology, quantum computing, cloud computing and the Internet of Things (IoT), are rapidly transforming industries and reshaping innovation. These technologies often involve complex algorithms, data processing techniques, and hardware-software integrations. This rapid pace of innovation brings a need to develop a complementary regulatory system for patent examination, the draft guidelines said, adding that creators of knowledge in the domain of CRIs have consistently endeavoured for appropriate protection of their patent rights. The objective of these rules is to bring out clarity in terms of exclusions expected under Section 3(k) so that eligible applications of patents relating to CRIs can be examined efficiently and effectively. Section 3(k) of the Indian Patents Act , 1970, excludes certain inventions from patentability. It included a mathematical or business method or a computer programme per se or algorithms. These draft guidelines "mark a significant milestone in refining the patent examination framework for software and digital innovations", Singh said. He said Section 3 has long posed a challenge by excluding 'computer programmes per se from patentability, creating ambiguity for both inventors and examiners. "The 2025 draft guidelines represent a progressive shift by incorporating judicial interpretations, notably from cases like Ferid Allani v Union of India, decided by the Delhi High Court on December 12, 2019, which emphasise that inventions demonstrating a "technical effect" or "technical contribution" are patentable, even if they involve computer programs or software," Singh added. He said that these guidelines also introduce a refined five-step inventive step test to ensure that CRIs offer genuine technical advancements over routine computational methods. However, challenges remain, he said, adding that guidelines, though comprehensive, are not legally binding, which may lead to inconsistent application by examiners or patent attorneys. "The absence of illustrative examples, unlike earlier iterations, could leave room for subjective interpretation, potentially affecting uniformity in patent grants," Singh added. Another expert said that formulation of these guidelines is key at a time when usage of new technologies like AI is increasing at a rapid pace.
Time of India
26-05-2025
- Business
- Time of India
Formulating CRI guidelines key to improving software patent review: Experts
New Delhi: The formulation of guidelines for examining computer-related inventions (CRIs) would help strengthen the patent examination framework for software and digital innovations , according to experts. As India positions itself as a global technology hub, these guidelines would also address the complexities of patenting CRIs while aligning with judicial precedents and the demands of emerging technologies like Artificial Intelligence (AI), quantum computing, and blockchain computing, they said. CRIs comprise inventions, involving the use of computers, computer networks or other programmable apparatus and techniques related thereto and include such inventions having one or more features of which are realised wholly or partially by means of a computer hardware/software. The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued the draft guidelines for the examination of CRIs on March 25 this year. "This is a welcome move, as it signals India's intent to foster innovation in high-growth sectors while ensuring that speculative or abstract concepts do not clog the patent system," KAnalysis Partner Amit Singh said. The significance of these rules grows as recent developments in the field of information and communication technology and computer science, such as advancements in artificial intelligence (AI), blockchain technology, quantum computing, cloud computing and the Internet of Things (IoT), are rapidly transforming industries and reshaping innovation. These technologies often involve complex algorithms, data processing techniques, and hardware-software integrations. This rapid pace of innovation brings a need to develop a complementary regulatory system for patent examination, the draft guidelines said, adding that creators of knowledge in the domain of CRIs have consistently endeavoured for appropriate protection of their patent rights. The objective of these rules is to bring out clarity in terms of exclusions expected under Section 3(k) so that eligible applications of patents relating to CRIs can be examined efficiently and effectively. Section 3(k) of the Indian Patents Act , 1970, excludes certain inventions from patentability. It included a mathematical or business method or a computer programme per se or algorithms. These draft guidelines "mark a significant milestone in refining the patent examination framework for software and digital innovations", Singh said. He said Section 3 has long posed a challenge by excluding 'computer programmes per se from patentability, creating ambiguity for both inventors and examiners. "The 2025 draft guidelines represent a progressive shift by incorporating judicial interpretations, notably from cases like Ferid Allani v Union of India, decided by the Delhi High Court on December 12, 2019, which emphasise that inventions demonstrating a "technical effect" or "technical contribution" are patentable, even if they involve computer programs or software," Singh added. He said that these guidelines also introduce a refined five-step inventive step test to ensure that CRIs offer genuine technical advancements over routine computational methods. However, challenges remain, he said, adding that guidelines, though comprehensive, are not legally binding, which may lead to inconsistent application by examiners or patent attorneys. "The absence of illustrative examples, unlike earlier iterations, could leave room for subjective interpretation, potentially affecting uniformity in patent grants," Singh added. Another expert said that formulation of these guidelines is key at a time when usage of new technologies like AI is increasing at a rapid pace.
Mint
25-05-2025
- Business
- Mint
Formulating CRI guidelines key to improving software patent review: Experts
New Delhi, May 25 (PTI) The formulation of guidelines for examining computer-related inventions (CRIs) would help strengthen the patent examination framework for software and digital innovations, according to experts. As India positions itself as a global technology hub, these guidelines would also address the complexities of patenting CRIs while aligning with judicial precedents and the demands of emerging technologies like Artificial Intelligence (AI), quantum computing, and blockchain computing, they said. CRIs comprise inventions, involving the use of computers, computer networks or other programmable apparatus and techniques related thereto and include such inventions having one or more features of which are realised wholly or partially by means of a computer hardware/software. The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued the draft guidelines for the examination of CRIs on March 25 this year. "This is a welcome move, as it signals India's intent to foster innovation in high-growth sectors while ensuring that speculative or abstract concepts do not clog the patent system," KAnalysis Partner Amit Singh said. The significance of these rules grows as recent developments in the field of information and communication technology and computer science, such as advancements in artificial intelligence (AI), blockchain technology, quantum computing, cloud computing and the Internet of Things (IoT), are rapidly transforming industries and reshaping innovation. These technologies often involve complex algorithms, data processing techniques, and hardware-software integrations. This rapid pace of innovation brings a need to develop a complementary regulatory system for patent examination, the draft guidelines said, adding that creators of knowledge in the domain of CRIs have consistently endeavoured for appropriate protection of their patent rights. The objective of these rules is to bring out clarity in terms of exclusions expected under Section 3(k) so that eligible applications of patents relating to CRIs can be examined efficiently and effectively. Section 3(k) of the Indian Patents Act, 1970, excludes certain inventions from patentability. It included a mathematical or business method or a computer programme per se or algorithms. These draft guidelines "mark a significant milestone in refining the patent examination framework for software and digital innovations", Singh said. He said Section 3 has long posed a challenge by excluding 'computer programmes per se from patentability, creating ambiguity for both inventors and examiners. "The 2025 draft guidelines represent a progressive shift by incorporating judicial interpretations, notably from cases like Ferid Allani v Union of India, decided by the Delhi High Court on December 12, 2019, which emphasise that inventions demonstrating a "technical effect" or "technical contribution" are patentable, even if they involve computer programs or software," Singh added. He said that these guidelines also introduce a refined five-step inventive step test to ensure that CRIs offer genuine technical advancements over routine computational methods. However, challenges remain, he said, adding that guidelines, though comprehensive, are not legally binding, which may lead to inconsistent application by examiners or patent attorneys. "The absence of illustrative examples, unlike earlier iterations, could leave room for subjective interpretation, potentially affecting uniformity in patent grants," Singh added. Another expert said that formulation of these guidelines is key at a time when usage of new technologies like AI is increasing at a rapid pace.
Time of India
03-05-2025
- Business
- Time of India
Patent officers association moves SC for probe into Intellectual Property data leak
Supreme Court NEW DELHI: Alleging that private multinational firm, Kaizen Institute , was granted unauthorized access to the Intellectual Property Office's (IPO) internal data servers, All India Patent Officers Association has moved Supreme Court seeking CBI probe into it saying that any leakage of sensitive IP data could have devastating economic and strategic consequences for the country. The association of class one officers said that a probe was needed to find out the responsible persons who paved the way for the private firm to access data servers. "The association is gravely alarmed at the potential ramifications of such unauthorized access, particularly the risk of premature disclosure or exploitation of unpublished patent applications. These applications often involve cutting-edge innovations and trade secrets, some of which are of strategic significance in sectors such as pharmaceuticals, energy, and defense. The threat is exacerbated by the fact that Kaizen Institute operates in over 60 countries and services a broad spectrum of industries including pharrna, healthcare, oil and gas, chemicals, automobiles, engineering, FMCG, and textiles-domains where industrial espionage and exploitation of proprietary technologies are rampant. Leakage of sensitive IP data into such an ecosystem could have devastating economic and strategic consequences for India," the petition said. Seeking court's intervention to order probe in the case, the association said while facilitating access to Kaizen Institute, the Controller General of Patents, Designs and Trade Marks(CGPDTM), Prof Unnat P. Pandit, simultaneously denied access to the same or similar information to senior officials in the Department for Promotion of Industry and Internal Trade (DPIIT), including the Joint Secretary. Relying on documents received through the Right to Information Act, publicly available reports, and email communication, the association said, "The cumulative reading of these communications reveals that Kaizen Institute was permitted to interact with and influence the functioning of statutory offices without any traceable administrative order, notification, or fonnal authorization issued either by DPIIT or the CGPDTM." "Such unauthorized access has not only compromised the sanctity of the examination process but also suggests possible violations of the Patents Act, , and acts punishable under the Prevention of Corruption Act, and the Indian Penal Code. The petitioner has reason to believe that this access was facilitated by various individuals, including public servants occupying positions of trust, who misused their official authority to grant such privileges without oversight. This raises serious allegations of corruption, abuse of position, and conspiracy to enable the exploitation of unpublished and sensitive patent data by unauthorized entities, potentially for unlawful financial and strategic gains," the petition said.
