Lok Sabha Question No. 1298 (UNSTARRED), answered on 2016-07-25
Subject: Amendment to Patent Rules
Ministry: COMMERCE AND INDUSTRY
Asked by: R. VANAROJA, YOGI ADITYANATH

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1298. TO BE ANSWERED ON MONDAY, THE 25 TH  JULY, 2016.

## AMENDMENT TO PATENT RULES

## 1298.  SHRIMATI VANAROJA R.: SHRI YOGI ADITYA NATH:

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

## वाणिज् यवव द्यग ं ्री

- (a) whether the Government has amended patent rules and introduced several measures including a system similar to tatkal for speedy clearance of patent applications by start-ups as well as entities choosing India for the first filing of patent;
- (b) if  so,  the  details  thereof  along  with  the  time  by  which  these  revised  patent rules are likely to be enforced by the Government;
- (c) whether  a  large  number  of  patent  applications  are  lying  pending  with  the Government and if so, the details thereof along with the reasons therefor and the steps taken to clear these applications; and
- (d) whether  the  Government  proposes  to  bring  down  the  time  period  for  initial examination of patent applications and if so, the details thereof?

## 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) & (b): Yes,  the  Patent  Rules  have  been  amended  to  include  provisions  for expedited  examination  of  patent  applications  on  any  of  the  following grounds, namely:-
- i) that India has  been  indicated as the competent  International Searching  Authority  or  elected    as  an  International  Preliminary Examining Authority in the corresponding international application; or
- ii)   that the applicant is a startup.

The amended Patent Rules have already been notified and have come into force on 16 th May, 2016.

| (c) & (d):   | Pendency of patent applications is measured in terms of pending Requests of Examination awaiting disposal at different stages of processing in Patent Offices. There are 2,06,025 unexamined Patent Applications (Requests for Examination) pending with the Indian Patent Offices as on date. This pendency is primarily due to shortage of manpower. The Government has taken several steps to bring down the time for initial examination of patent applications, which are below:-   |
|--------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|              | period enumerated                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |
|              |  458 Examiners of Patents and Designs have been appointed on regular basis. Their training has already commenced.                                                                                                                                                                                                                                                                                                                                                                       |
|              |  Patent Rules, 2003 have been amended and notified on 16.05.2016 to simplify procedures and timelines for disposal of patent applications.                                                                                                                                                                                                                                                                                                                                              |
|              |  Online facility for filing of applications has been strengthened so as to reduce the workload at Patent Offices as also save the time of applicants.                                                                                                                                                                                                                                                                                                                                   |
|              |  In order to facilitate the examination work and optimize the speed and quality of examination, number of measures like computerized work-flow and IT enabled functioning have been implemented in the Patent offices.                                                                                                                                                                                                                                                                  |

**********