Lok Sabha Question No. 5777 (UNSTARRED), answered on 2017-04-10
Subject: Patent Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: PARASURAMAN K.

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

## DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

UNSTARRED QUESTION NO.5777.

TO BE ANSWERED ON MONDAY, THE  10 TH  APRIL, 2017.

## PATENT APPLICATIONS

## 5777.  SHRI K. PARASURAMAN:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज् यवव द्यग ं ्री

- (a) whether it is  a fact that  the  total  number  of  pending  patent  applications are rapidly increasing in the country, if so, the details thereof;
- (b) whether  the  Government  proposes  to  develop  infrastructure  in  all  patent offices  in  the  country  so  as  to  clear  the  pending  applications  and  if  so,  the details thereof; and
- (c) the other corrective steps taken by the Government in this regard?

## ANSWER

## वाणिज् यवव द्यग ााज् यं ्रीस् वतं ््रभााा(स्रींतंरीिरंमलााीरीतंाांि( THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

- (a ): Pendency  of  patent  applications  is  measured  in  terms  of  pending requests  for  examination  after  the  request  is  filed.    Various  steps undertaken  by  the  Government  have  resulted  in  higher  number  of applications being examined. In the months of January and February 2017, 7,869 applications  were  examined as against 2,220 during the corresponding  period  last  year.    As  on  01.03.2017,  247,824  patent applications  are  pending  at  various  stages  of  disposal,  out  of  which 206,836 are pending at the examination stage.
- (b) & (c): The  Government  has  taken  various  measures  to  clear  the  pending  patent applications, namely:
- (i) To  address  the  issue  of  lack  of  technical  manpower  for examination  and  disposal  of  patent  applications,  available

manpower  has  been  augmented  through  creation  of  new posts.

- (ii) Recruitment has been completed for 459 posts of Examiners of  Patents  and  Designs,  of  which  396  new  appointees  have started examination work after undergoing training, in addition to the existing 130 Examiners.
- (iii) Further,  76  new  posts  of  Patent  Controllers  have  also  been created.
- (iv) IP awareness and training programmes are regularly conducted  at  Rajiv  Gandhi  National  Institute  of  Intellectual Property Management (RGNIIPM) Nagpur.
- (v) Patent Rules have been amended and notified on 16.05.2016 to simplify procedures for disposal of patent applications.  The salient amendments include:
- a)  Provisions  have  been  included  for  condonation  of  delay due to war/ natural calamities.
- b)  For the first time, refund of fees in certain cases has been permitted, as also withdrawal of application being permitted without any fees.
- c)  Timelines have been imposed to ensure speedy disposal, while  the  number  of  admissible  adjournments  has  been limited.
- d)  Applications  can  be  transferred  electronically  from  any  of the Patent Office branches to another, utilizing specialized technical manpower more efficiently.
- e)  Expedited Examination is now permitted on certain grounds.
- f) Hearing through video conferencing has been permitted.
- (vi) IPO  website  has  been  updated  to  make  it  more  interactive, informative, user-friendly and transparent.
- (vii) In  order  to  facilitate  the  examination  work  and  optimise  the speed  and  quality  of  examination,  number  of  measures  viz., computerised  work-flow,  automation  and  IT  enablement  in  the functioning have been implemented.

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