Lok Sabha Question No. 5642 (UNSTARRED), answered on 2018-04-02
Subject: Pending Patent Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: JANAK RAM, PARASURAMAN K.

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

## DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

## UNSTARRED QUESTION NO. 5642. TO BE ANSWERED ON MONDAY, THE 2 ND  APRIL,  2018.

## PENDING PATENT APPLICATIONS

## 5642.  SHRI JANAK RAM:

## SHRI K. PARASURAMAN:

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

## वाणिज्य एवं उद्योग मंत्री

- (a) whether it is a fact that total number of pending patent applications are rapidly increasing and if so, the details thereof and the reasons therefor;
- (b) whether the Government is also contemplating any plan of action to develop infrastructure in all patent offices in the country so as to reduce the pending applications; and
- (c) if so, the details thereof along with the steps taken by the Government in this regard?

## ANSWER

## वाणिज् य एवं उद्योग मंत्रालय में राज् यमंत्री (श्री सी.आर. चौधरी) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI C.R. CHAUDHARY)

- (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 and reduction in pendency at the examination stage. In the month of February 2018, 6235 applications were examined as against 3925 during the corresponding period last year. The pendency at examination stage on 31.03.2017 was 2,04,177, which has come down to 1,72,488 as on 28.02.2018.
- (b) & (c): Patent  offices has  been  established  in  four  cities  namely  Delhi, Chennai, Kolkata and Mumbai. Necessary physical and IT infrastructure is established in all the patent offices. Steps are undertaken to enhance and upgrade the infrastructure as required. The Government has taken various measures to clear the pending 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.
- (iii) Further, 84 new posts of Examiners and 95 posts of Controllers have been sanctioned for patent office.
- (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 has been implemented.

The multipronged approach of legislative and administrative measures undertaken  has  resulted  in  an  increasing  trend  in  disposal  of  patent applications.

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