Lok Sabha Question No. 277 (STARRED), answered on 2018-08-06
Subject: Pending Patent Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: PARASURAMAN K., JANAK RAM

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

STARRED QUESTION NO. 277.

TO BE ANSWERED ON MONDAY, THE 6 TH  AUGUST,  2018.

## PENDING PATENT APPLICATIONS

## *277.  SHRI K. PARASURAMAN: SHRI JANAK RAM:

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

## वाणिज्य एवं उद्योग मंत्री

- (a) the number of pending applications regarding patent and trade mark;
- (b) whether  it  is  a  fact  that  the  total  number  of  pending  patent  applications  is rapidly increasing;
- (c) if  so,  the  details  thereof  along  with  the  proposed  action  plan  to  develop infrastructure in all patent offices in the country so as to reduce the pending applications; and
- (d) the other steps taken/proposed to be taken by the Government to deal with the mounting number of patent and registration applications?

## ANSWER वाणिज् य एवं उद्योग मंत्री (श्री सुरेश प्रभु )

## THE MINISTER OF COMMERCE & INDUSTRY (SHRI SURESH PRABHU)

(a) to (d): A statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO 277 FOR ANSWER ON 6 TH  AUGUST, 2018.

- (a) & (b): 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.  In the months of  April-June  2018,  20,146  patent  applications  were  examined  as against 11,927 during the corresponding period last year. The pendency at examination stage has thus reduced from 2,04,177 as on 31.3.2017  to  1,55,438  as  on  30.6.2018.  As  regarding  trade  marks, 4,54,833  trademark  applications  are  pending  at  various  stages  of disposal, out of which 42,304 are pending at the examination stage.
- (c) & (d): Patent  offices  have  been  established  in  four  cites  namely  Delhi, Chennai, Kolkata and Mumbai  with necessary physical and IT infrastructure. The Government has taken several steps to reduce the pendency further.    These steps, inter-alia include the following:-
- (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.
- (iv)  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.
- (v) The  website  of  Indian  Intellectual  Property  Office  has  been updated to make it more interactive, informative, user-friendly and transparent.
- (vi)  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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