Press Information Bureau

Government of India

Ministry of Commerce & Industry

14-May-2012 15:21 IST

As on 26^th April 2012, 1,23,255 patent applications, where requests for examination have been filed, are pending with the office of  Controller General of Patents, Designs and Trade Marks.  Location wise pendency of patent application where requests for examination have been filed are as follows:-

The number of applications received and rejected during the last three years are as under:-

Grant of a Patent is a quasi-judicial process and tends to be time consuming as it involves various steps, inter alia, publication of the application, filing of requests for examination, examination of the application and disposal of any pre grant opposition filed.  In addition, substantive increase in filing of patent application by more than 250% in the last ten years as also the relative shortage of patent examiners have been the other reasons for increase in pendency.

The Government has completed the process of selection of 248 patent examiners.  Of these, as on 30^th April, 2012, 135 have joined.  At present, processing of patent applications are conducted through Electronic Modules which enable achieving enhanced speed in the examination and final disposal of patent applications and has also improved transparency.

The decision issued by the Controller General of Patents, Designs and Trade Marks granting compulsory licence to M/s. Nalco Pharma Ltd., Hyderabad for the anti-cancer drug covered under the Patent No. 215758 has been challenged by the Patentee, namely, M/s. Bayer Corporation, USA in the intellectual Property Appellate Board (IPAB).  The matter is, therefore, subjudice. 

No application for grant of compulsory license is pending.

This information was given by the Minister of State for Commerce and Industry, Shri Jyotiraditya M. Scindia in a written reply in the Rajya Sabha today.

DS/GK

Patent application pendency due to procedural steps and examiner shortages; recruitment and e processing aim to expedite examination. Significant pendency of patent applications at the Controller General's office is attributed to multi step quasi judicial grant procedures, sharp increases in filings, and a shortage of examiners; remedial steps include recruitment of additional patent examiners and use of electronic processing modules to speed examination and improve transparency. A decision granting a compulsory licence for an anti cancer drug has been challenged and is subjudice, and no applications for compulsory licence are currently pending.