Lok Sabha Question No. 226 (UNSTARRED), answered on 2016-04-25
Subject: Patent Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: KAPIL MORESHWAR PATIL

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

## LOK SABHA

UNSTARRED QUESTION NO.226.

TO BE ANSWERED ON MONDAY, THE 25 TH    APRIL, 2016.

## PATENT APPLICATIONS

## 226.   SHRI KAPIL MORESHWAR PATIL:

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

## वाणिज् यवव द्यग ं ्री

- (a) the total number of patent applications lying pending in various patent offices in the country;
- (b) whether the Patent Application Investigation System has not been upgraded and if so, the details thereof and the reasons therefor;
- (c) the details of patent offices functioning in the country, State/UT and locationwise;
- (d) the details of the administrative structure of the patent  administration in the country; and
- (e) the  steps  taken  or  proposed  to  be  taken  by  the  Government  to  make  the patent application investigation process more transparent?

## 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 of Examination  awaiting  disposal  at  different  stages  of  processing  in  Patent Offices.

Pendency in the Indian Patent Offices as on  01.04.2016, location-wise, is as under:-

| Location   |   No. of Applications |
|------------|-----------------------|
| Delhi      |                 88297 |
| Chennai    |                 78405 |
| Kolkata    |                 39911 |
| Mumbai     |                 31058 |
| Total      |                237671 |

- (b): While there is no ' Patent Application Investigation System', the examination and disposal of  patent  applications  is  done  electronically,  which  is  regularly upgraded.
- (c): Patent Offices are located at four locations in the country as under:
- (d): The  Patent  Offices  function  under  the  control  and  superintendence  of Controller General of Patents, Designs and Trademarks, having headquarters at Mumbai. Each Patent Office is headed by a Head of Office having support staff  for  day-to  day  functioning.  Technical  manpower  in  the  Patent  Offices includes Examiners of Patents and Designs who conduct the work related to examination of patent applications and Controllers of Patents & Designs who grant or reject patent applications as per provisions of the Patents Act 1970. For  the  purpose  of  streamlining  the  work  processing  of  patent  applications being filed in various scientific fields, four Examinations Groups, each headed by  a  Group  Leader,  have  been  formed  at  each  Patent  Office  based  on  the broad area of specialization. These groups are:
- a.       Chemistry, pharmaceutical, polymer science and allied subjects.
- b.       Biotechnology, Microbiology, Biochemistry and allied subjects.
- c.        Electrical  engineering,  Electronics,  Computer  science,  Physics  and related subject.
- d.       Mechanical, Textiles, Civil engineering and other subjects.
- (e): Following  are  the measures taken/being taken by the Government to make the patent application process more transparent:
- (i) Facilities  for  quick  and  efficient  access  to  all  types  of  data  and information regarding patent processing are available on the official website for the benefit of users.
- (ii) Dynamic  utilities  for  knowing  current  status  of  patent  applications and grant have been made available on the official website. A Stock

|   Sl.No. | Office                | Territorial Jurisdiction                                                                                                                                                                         |
|----------|-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Patent Office Mumbai  | The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli                                                     |
|        2 | Patent Office Chennai | The States of Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu and Puducherry and the Union Territories of Lakshadweep, Minicoy and Aminidivi Islands                                    |
|        3 | Patent Office Delhi   | The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Delhi and the Union Territory of Chandigarh.                                          |
|        4 | Patent Office Kolkata | The States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Odisha, West Bengal, Bihar and Jharkhand and the Union Territory of Andaman and Nicobar Islands. |

and Flow based Dynamic Utility for Patent has been made available to provide the applicants/ stakeholders with the facility on real time basis  to  view  the  Patents  under  different  stocks  and  the  flow  of applications at various stages of processing.

- (iii) E-Register of Patents containing all information including renewals, assignments and other legal status made available for public.
- (iv) Manuals of office practice and procedure for Patents and Guidelines for Examinations have been uploaded in the website.
- (v) The  system  of  QR  Code(s)  has  been  introduced.  The  Codes  are printed  on  the  application  filing  receipts  issued  by  Patents  Office. This  facility  enables  the  stakeholders  to  verify  the  contents  of  the above  correspondence  issued  by  respective  offices  and,  thus, further enhances transparency in the public delivery system.
- (vi) The patent office follows the queuing process strictly.

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