A secretive search for prior art

SPICY IP:

The agreement between the Intellectual Property Office (IPO) and the Council of Scientific and Industrial Research (CSIR) to outsource prior art searchesare the IPO’s “confidential documents”, according to CSIR, and it is for the IPO to decide “how much information it wishes to put in the public domain”. CSIR also believes that this information is exempt from being put out in the public domain as it is lying in their possession by virtue of fiduciary relationship with the IPO.

This was in response to our query to CSIR under the Right to Information (RTI) Act, 2005, on the Memorandum of Understanding (MoU) between itself and the IPO on the outsourcing of prior art searches.(Image from here)


It also appears that CSIR may not have sought or received any legal advice on its own part before entering into this MoU. According to CSIR, the decision to outsource prior art searches was taken by the Department of Industrial Policy and Promotion (DIPP). And it was (only) the DIPP’s responsibility to consider the legality of such outsourcing.


What started this thread was a series of posts on the quality of the prior art searches being conducted under this MoU, and heated discussions, speculations, and clarifications that followed in that context in posts here, here and here. As neither organisation had made the MoU public, and all we had access to was a news report and a handful of emails, we thought it made sense to directly request the CSIR for the following:

  1. A copy of the MoU for outsourcing prior art searches
  2. A copy of the entire official file pertaining to the MoU, including details of the scope and format of search reports to be provided by CSIR to the IPO in pursuit of the MoU