Lok Sabha Question No. 4552 (UNSTARRED), answered on 2022-03-30
Subject: Patent and Trade Mark Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: Ajay Nishad

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE LOK SABHA

UNSTARRED QUESTION NO. 4552.

TO BE ANSWERED ON WEDNESDAY, THE 30 TH  MARCH, 2022.

## PATENT AND TRADE MARK APPLICATIONS

## 4552.  SHRI AJAY NISHAD:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state: वाणिज्य एवं उद्योग मंत्री

- (a) the number of applications lying pending for patents and trade marks;
- (b) whether there has been sharp rise in the application lying pending for patents and trademarks;
- (c) if  so,  the  details thereof including the proposed action plan for infrastructure development in all the Patents, Designs and Trade Marks offices of the country to reduce the above pendency; and
- (d) the other steps taken/proposed to be taken by the Government to deal with the rising number of applications relating to patents and registration?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री सोम प्रकाश ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI SOM PARKASH)

(a): As on 28.02.2022, desired statistical information is as under:

| Patent Applications    |   208896 |
|------------------------|----------|
| Trademark applications |   641435 |

(b) to (d): The Department has taken various initiatives to streamline and expedite the  examination  of  a  patent  and  Trademarks  applications  including manpower  augmentation  from  time  to  time,  setting  up  of  feedback mechanism and appropriate legislative amendments. These includes, modernization  of  the  Intellectual  property  (IP)  offices  with  steady switchover  from  manual  to  computerized  system  of  processing  of applications, improved management of intellectual property (IP) related information, creation of stronger public interface and revamping of the routine  functioning  of  IP  offices.  Further,  considering  the  COVID-19 pandemic, officers have been provided with VPN access to avoid any delay  in  examination  process.  Also,  to  facilitate  early  disposal  of applications, hearing of contested cases  is  done  through  video- conferencing, thereby removing the requirement of visiting the office by the applicant.

Further, for patent office international patent classification tool, WIPOIPCCAT  has  been  implemented,  which  helps  the  examiners  and controllers  to  accurately  and  consistently  categorize  the  patents  into their  main  and  sub-group  levels  in  IPC.  An  appropriate  classification results in effective and efficient prior arts search. For trademarks, India has acceded to Treaties on International Classification (for trademarks and designs)  including  Nice  Agreement,  Vienna  Agreement,  Locarno Agreement , which  helps  to  harmonise  the  classification  systems  for examination  of  trademark  and  design  applications,  in  line  with  the classification systems followed globally.

Further,  based  on  stakeholders'  feedback,  appropriate  amendments have been carried out for incentivizing e-filing with 10% fee concession vis-à-vis physical filing fees, benefit of patent fees reduction extended to educational  institutions  in  addition  startups,  small  entity  and  others, facility of expedited examination provided to startups, for applicants who have selected Indian patent office as ISA/IPEA, female applicants, small entity, Government departments, institution owned or controlled by the Government, and applicants under PPH, simplification of processes and reducing compliance burden through amendment in Section 8 for Form 27 and Rules 21 for filing of priority documents.

In Trademarks, 74 Existing Forms have been replaced by 8 consolidated Forms,  single  application  form  for  all  types  of  trademark  applications have been provided, process for determination of well-known mark are laid out, express provision for filing applications for sound marks have been provided, procedures relating to registration as Registered User of trademarks have been simplified. Further, 50% fee concession for filing Trade Mark Applications is provided to individuals, start-ups and small enterprises and online filing of applications is encouraged through 10% rebate in fees.

Apart from initial induction, regular trainings are given to the technical manpower  of  patent  office  at Rajiv Gandhi  National  Institute of Intellectual  Property  Management  (RGNIIPM),  Nagpur  and  foreign  IP Offices,  to  improve  their  skills  required  for  speedy  examination  and grant/registration of IP applications

In  view  of  the  above  steps,  average  time  taken  for  examination  of  a patent application has been reduced from an average 72 months in 2015 to 5 to 23 months at present, depending upon fields of technology, while period of examination of a trademarks application has reduced from 13 months to less than 30 days.

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