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2.2 In order to deal with the existing problem of attrition of trained examiners to scientific/technical institutions and the private sector, Flexible Complementing Scheme which has been applied to scientific and technical group “A” posts should also be implemented for the technical staff of the IP Offices. Furthermore, pay scales of patent examiners should be increased for those who successfully undergo IPR training. Additionally, a fast track career should be provided to examiners who consistently perform exceptionally better than average. To this end, a transparent annual confidential reporting system should be introduced. In this context, it is important that performance in IP offices must be measured on the basis of turnaround time for applications and decisions as well as the sustainability and tenability of the decisions made, and not on the basis of the rate of rejection/acceptance of applications.
3.0 Training and Human Resources Development for IP Offices
3.1 There is need to intensify IPR training efforts in the IP Offices and the IPTI, including induction sessions for new staff, mid career courses and regular exposure to global best practices in IPR, wherever available, keeping in mind the best national interest. At the same time, there must be relevant safeguard procedures in place to avoid potential conflict of interest issues between trainer and trainee. The overriding aim of IPR training is to ensure legal and technological competence consistent with the best international standards. For training of IP Office personnel, an in-house Professional Development Committee (PDC) should also be formed. The PDC should identify training requirements of the IP Offices and collaborate with IPTI to impart up-to-date IP training. Steps could also be taken to invite Indian scientists located in India and abroad who have experience in patent examination processes to participate in training initiatives with Indian patent examiners. However, incountry expertise must be urgently developed for training and sensitizing IP regulatory staff in the new India-specific treaty-compliant patent examination procedures that will be required for the new IP offices.
3.2 The IPTI should, with active involvement from stakeholders, prepare a comprehensive induction-training course for new patent examiners on various IP topics such as patent searches (including international databases), substantive requirements for patentability of an application, examination procedure as well as drafting of objections to the grant of a patent, where a list of standard clauses of objections could be developed. Such a course could be of duration of three/six months. The course material should be standardized and could be made available on the Intranet. Once again, procedures for maintaining the adversarial nature of the new India-specific treaty-compliant patent examination process must form a major component of these programmes. After the completion of the induction-training program, a senior patent examiner could be assigned to each examiner as a training officer who would act as a mentor by supervising work, providing further training on a case-bycase basis and eventually reporting on the work of the examiner. Such training could last for a period of about six months. The IPTI should also provide advanced level courses in examination and international IPR issues after about a year to eighteen months, including courses on pre-grant and post grant opposition procedures. The IPTI should also collaborate with legal associations and organizations to set up specialized certificate and diploma courses in IPR and hold qualifying examinations for a patent attorney to act before the IP Offices. This would ensure that highest professional standards are maintained. Appropriate public private partnerships (PPPs) could also be evolved for this purpose.
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