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        News and Press Release

        Patent to Food Products/Medicines.

        August 13, 2012

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        Press Information Bureau
        Government of India
        Ministry of Commerce & Industry

        13-August-2012 17:14 IST

        Patent to Food Products/Medicines

        As on 31st December, 2011, 12690 applications seeking patent for food products/ medicines/pharmaceutical inventions are pending with the Office of the Controller General of  Patents, Designs & Trade Marks (O/o CGPDTM).

        The location wise pendency of patent applications is as follows:-

         

        Location

        Patent applications pending for examination

        Delhi

        6386

        Mumbai

        2669

        Kolkata

        1862

        Chennai

        1773

        Total

        12690

        The details of these applications are available on the official website of the O/o CGPDTM i.e. [email protected]

        During the last three years, i.e., from 2009 to 2011, 94 patents were granted to food products and 1810 patents were granted for medicines/pharmaceutical inventions in the same period. The details in respect of patents granted to food products and medicines/pharmaceutical inventions in the last three years are also available on the official website of the O/o CGPDTM.

        Grant of 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 30th April, 2012, 135 have joined. At present, all essential steps involved in the processing of patent applications are carried out through electronic module, which has been an important factor in imparting accuracy, efficiency and transparency to the patent examination system and in avoiding delays in carrying out the process steps.

                                                                                                                                                                                                                This information was given by the Minister of State  for Commerce &     Industry Shri Jyotiraditya M. Scindia  in written reply to a question in Lok  Sabha today.

         

                        DS/GK

        Patent examination backlog persists for food and pharmaceutical inventions, with procedural and staffing measures to improve processing. As of 31 December 2011 a backlog of 12,690 patent applications for food products and medicines awaited examination at the Office of the Controller General of Patents, Designs & Trade Marks. The grant process is a quasi-judicial process involving publication, requests for examination, substantive examination and pre-grant oppositions; increased filings and examiner shortages have driven delays. Administrative responses include recruitment of additional examiners (selection completed and partial joining reported) and adoption of an electronic processing module to improve accuracy, efficiency and transparency in examination.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Patent examination backlog persists for food and pharmaceutical inventions, with procedural and staffing measures to improve processing.

                                As of 31 December 2011 a backlog of 12,690 patent applications for food products and medicines awaited examination at the Office of the Controller General of Patents, Designs & Trade Marks. The grant process is a quasi-judicial process involving publication, requests for examination, substantive examination and pre-grant oppositions; increased filings and examiner shortages have driven delays. Administrative responses include recruitment of additional examiners (selection completed and partial joining reported) and adoption of an electronic processing module to improve accuracy, efficiency and transparency in examination.





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