Lok Sabha Question No. 165 (UNSTARRED), answered on 2015-11-30
Subject: Patents and Trademark Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: SUNIL BALIRAM GAIKWAD, GAJANAN CHANDRAKANT KIRTIKAR, NARANBHAI KACHHADIA, SUDHEER GUPTA, BIDYUT BARAN MAHATO, KUNWAR HARIBANSH SINGH

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

## LOK SABHA

UN STARRED QUESTION NO. 165.

TO BE ANSWERED ON MONDAY, THE 30 TH  NOVEMBER, 2015.

## PATENTS AND TRADEMARK APPLICATIONS

## 165.    DR. SUNIL BALIRAM GAIKWAD:

SHRI GAJANAN KIRTIKAR:

SHRI NARANBHAI KACHHADIYA:

SHRI SUDHEER GUPTA:

SHRI BIDYUT BARAN MAHATO:

KUNWAR HARIBANSH SINGH:

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

## वाणिज्य एवं उद्योग मंत्री

- (a) the  details  of  applications  filed  for  grant  of  patent  and  trademark  along  with those    approved/rejected  during  each  of  the  last  three  years  and  the  current year;
- (b) whether  there  is  an  undue  delay  in  processing  of  requests  for  patents  and trademark applications;
- (c)    if so, the details thereof along with the reasons therefor and the reaction of the Government  thereto; and
- (d) the  measures  taken/being  taken  by  the  Government  to  clear  the  pending applications?

## ANSWER

वाणिज् यएवंउद्योगााज् यमंत्रीस् वतंंत्र्रभााा(स्ीमतंीिरममलााीीतंाामि( THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

(a): The details of applications filed for grant of patents and registration of trademarks for last three years and the current year are as follows:

| Year                       | Patents   | Patents   | Patents   | Trademarks   | Trademarks   | Trademarks   |
|----------------------------|-----------|-----------|-----------|--------------|--------------|--------------|
|                            | Filed     | Granted   | Rejected  | Filed        | Registered   | Rejected     |
| 2012-13                    | 43674     | 4126      | 353       | 194216       | 44361        | 16447        |
| 2013-14                    | 42950     | 4225      | 774       | 200005       | 67873        | 5154         |
| 2014-15                    | 42774     | 5978      | 1380      | 210501       | 41583        | 8305         |
| 2015-16 (as on 31.10.2015) | 27933     | 3581      | 605       | 150814       | 37799        | 6543         |

- (b)&(c): There  is  pendency  in  patent  and  trademark  applications,  which  are disposed  of  with  the  available  manpower  and  infrastructure.  The pendency  as  on  01/11/2015  is  2,46,495  in  patent  applications  and 5,32,682 in trademark applications. This pendency is primarily due to shortage  of  manpower.  The  Government  has  taken  measures  to augment available manpower and other necessary infrastructure.
- (d): The  Government  has  taken  several  measures  to  clear  the  pending applications, which are as under:
- i. The  Government  has  sanctioned  373  additional  posts  in  the Patents  Wing,  including  252  posts  of  Examiners  of  Patents  and Designs and 76 posts of Controllers of Patents and Designs in the 12th Plan under the Plan Scheme for Modernization and Strengthening of Intellectual Property Offices (MSIPO);
- ii. Recruitment  process  to  fill  459  vacant  posts  of  Examiners  of Patents  and  Designs  is  underway.  Besides,  as  a  short-time measure,  263  contractual  posts  of  Examiners  of  Patents  and Designs have also been created;
- iii. In  Trademarks Wing also, 108 additional posts, which include 62 posts of Examiners of Trademarks (TM) & Geographical Indications  (GI)  and  15  Senior  Examiners,  have  been  created under MSIPO;
- iv. Recruitment  process  to  62  vacant  posts  of  Examiners  and  Sr. Examiners  of  TM  &  GI  has  also  been  undertaken,  while  100 contractual posts of Examiners of TM & GI have also been created;
- v. Amendments have been proposed in both the Patents Rules and Trade Marks Rules to streamline procedures for filing and disposal of applications;
- vi. Online facility for filing of applications has been strengthened both in Patents and Trademarks wings so as to reduce the workload at the office and also to save the time of applicants;
- vii. In order to facilitate the examination work and optimize the speed and quality of examination, number of measures like computerized work-flow, automation and IT enablement in the functioning have been implemented in the Patents and Trademarks offices; and
- viii. Facilities like dynamic utilities for quick and efficient access to all types  of  data  and  information  regarding  patent  and  trademarks processing have been created on the official website for the benefit of users.

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