Expediting Patent Grant – A long Pending issue

Since the Indian Patent act was amended in the year 2005 complying with international law and for making international filing easy, the number of patent filed in India started rising gradually. As on date around 50-60 thousand patents are filed collectively in all four office in India. Before 2013 recruitment of examiner, the number of examiners and controllers collectively in all four offices were not more then hundred. Around 250 examiners were recruited in the year 2013. Most of these examiners after been trained by using government fund left the job due to attractive packages office by companies and patent firms.

Therefore, the deadlock which was for about 1lakh patents has risen to 2.46lakh and more as on date. We tries to look around to see how patents are been proceed in other countries in such a short time. What we found was that in most of the countries the examiners are in thousands, where we have still in hundreds. Adding to the existing burden, in 15 October, 2013 Indian Patent Office starts functioning as International Searching Authority and International Preliminary Examining Authority. The same bunch of examiners is used for conducting PCT Searches and Examination. No separate recruitment is made. This has further burdened the examiners and numbers of patents in the deadlock is rising. Still patents applied in 2010 are not been examined.

Recently an advertisement by the Indian patent for the recruitment of patent 493 examiners July 2015 consequently after intervene by our Mr. Primer Minister second consequent advertisement was published on 12th Oct. 2015 for the post of 263 examiner. So far the recruitment procedure is still on and no one is still on board.
Countries like China, USA and the like have more then 8,000 to 10,000 examiners. This is a reason why they can grant the patents in maximum 1.5 year from the date of filing.

These efforts made by the Indian Patent Office still seems to be a shortfall. Keeping the hopes alive and with huge expectation from these examiner, we expect some lesser delay for grant.

2 thoughts on “Expediting Patent Grant – A long Pending issue

  • January 4, 2016 at 11:26 am
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    Sir, is there increase in number of vacancies(which was originally 459 examiners)? They have called almost three times the no. Of vacancies and now again additional 58 candidates.
    I mean is this possible that no. Of vacancies has been increased without giving any notice/corrigendum till the final results?

    Reply
    • January 4, 2016 at 12:02 pm
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      May be there is increase in the vacancies or there may be a possibility that the selected candidates have not joined. To fill such vacancies they may have given new advertisement.

      Thanks,

      Suneet

      Reply

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