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 pendency undermines examination speed due to examiner shortage and rising filings, prompting recruitment and digital processing. Patent pendency at the patents office results from sharply increased filings and examiner shortages; the grant process is a quasi-judicial sequence of publication, request for examination, substantive examination and disposal of pre-grant opposition. The Government has recruited additional examiners and implemented electronic processing modules to speed examination and improve transparency. A recent administrative grant of a compulsory licence for an anti-cancer drug is under challenge before the appellate forum and is therefore sub judice, and no application for compulsory licence is currently pending.