As on 26th 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:-
Location | Pending in requests for examination |
Delhi | 47082 |
Kolkata | 23857 |
Mumbai | 14415 |
Chennai | 37901 |
The number of applications received and rejected during the last three years are as under:-
Year | 2009-10 | 2010-11 | 2011-12 |
Applications received/filed | 34287 | 39400 | 43183 |
Applications rejected | 105 | 207 | 364 |
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 30th 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 licenceto 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.