India: Positive Light On The Horizon : Overview Of The Annual IP Report 2015-16

Last Updated: 18 May 2017
Article by LexOrbis  

The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) recently released its Annual IP Report highlighting the various activities undertaken by Indian IP offices during the year 2015-16. The report highlights accomplishments and statistically analyses the developments achieved in the IP landscape. The need for simplified and streamlined processes has finally metamorphosed into reality. The last few years have witnessed increased realisation by the Indian Government to provide for an improved IP ecosystem which shall complement the International Standards. The endeavour has been towards the establishment of productive IP based system at all levels, to establish India in positive light at global platform. Keeping track of that, India has performed well in the year 2015-16 and accomplished comparatively better results than the previous year. The key highlights of the 94 pages report are:

1. OVERALL UPSURGE IN IP FILINGS:

There has been an overall 30% increase in filings at the IP Office whereby the increase in Patents was 10%, in Designs in was 19% and the Trademark filings increased by 34.47%.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

2. PATENTS

: India IP office reveals significant positive trends in Indian patent system. According to the 2015-16 report, there has been a 10% increase in filings of patent applications from last year. About 6326 of the applications were granted amounting to an increase by 5.78% and overall growth of 42.7% in the total number of applications disposed also including 13908 abandoned applications, 432 withdrawn and 1321 refused applications. There is also an upsurge of 52.80 % in the disposal of applications for which request for examination has been filed.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

3. DESIGNS:

The Design registration system in India has also shown an upward trend in almost all aspects. About 11,108 applications were filed in 2015-16 as compared to 9,327 in 2014-15, which is a good 19% increase, owing to introduction of e-filing facility for new applications as well as 50% fee waiver for small entity through amendment in 2014 to the Design Rules, 2001. The number of applications that were examined and registered was 26% and 10% higher respectively than previous year. Even applications that were disposed in 2015-16 showed a staggering increase from 7,218 in 2014-15 to 8,023.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

4. TRADEMARKS:

The trademarks registration system in India had the best overall growth measured in terms of applications filed, examined, registered and disposed. The Annual Report presented an upward trend in each category as compared to last year. Filing of applications indicated a 34.47% increase whereas 59.42% more applications were examined. Also, a significant increase of 56.4% and 38.86% were recorded in applications that were registered and disposed respectively in comparison to the trend of 2014-15.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

5. ACCELERATED IP DISPOSAL:

The overall digitization and additional manpower improved the efficiency in speedy disposal of pending applications with the break-up of 42.7% rise in patents; 11% rise in design; 39% rise in trademarks and 30% rise in GI's.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

6. SIGNIFICANT HIGHLIGHTS OF ANNUAL REPORT FROM PATENT PROSPECTIVE

  1. The publication of patent application increased to 41752 and out of these published application only 0.70% application received pre-grant opposition amounting to 290 applications where as only 06 post-grant opposition received, 10 were disposed and 160 cases remained pending in the reporting year. If we talk about early publications, 2316 applications were early published in the reporting year after receiving the request for early publication from the applicant.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

  1. 135 applications were sent to Department of Atomic Energy (DAE) and 95 patent applications were referred to Defence research and Development Organisation (DRDO) for their consideration DAE allowed 70 to proceed under normal course, DRDO cleared 82 applications to proceed under normal course.
  2. 4271 application seeking permission for filing outside India were received from Indian applicant and 4152 such permission were granted by IPO.
  3. Total number of Patents in force in India was reported 44,524 out of which 39,507 statements on working of patents were received and 8,589 were further reported as working.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

  1. As International Search Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty Indian Patent Office (IPO) have received 1365 applications for international search out of which IPO have issued total 1141 International Search Reports to the applicants till 31st March 2016.

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication

  1. Most number of applications, in the reporting year was filed in the field of Mechanical followed by Chemicals, Computer/Electronics, Communication and then others. The number of Patent applications filed under major fields is as follows:
Field of Invention 2014-15 2015-16
Chemicals 6454 6463
Pharmaceuticals 2640 2966
Computer/Electronics 4285 5988
Communication 4380 5770
Electrical 4031 4102
Physics 2529 2852
Bio-Medical 1669 1579
Mechanical 10031 10164
Polymer Science & Technology 1059 1230
Other Fields 5685 5790
Biotechnology 1035 887
General Engineering 775 757
Civil 704 749
Textile 629 734
Metallurgy & Material Science 740 727
Agrochemical 418 479
Food 395 387
Biochemistry 384 372
Micro Biology 308 316
Agriculture Engineering 229 268
Traditional Knowledge 68 114

Data Source: Annual Report 2015-16, Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indication



7. SIGNIFICANT HIGHLIGHTS OF OTHER FORMS OF IP:
  1. The Registered design in force in India at the end of Reporting year was 68481.
  2. The Trademark Registry has advertised 1,17,408 applications in 2015-16 as compared to 81,959 applications in the preceding year, which is a significant increase by 43.25%.
  3. With the objective to expedite and simply registration process, bring about higher efficiency and encourage individuals and businesses, alike, to seek protection for their respective trade mark, the Trade Marks Rules, 2017 have been enforced with effect from March 6, 2017.
  4. The e-filing journey has taken a new turn with the facility for online filing of all trade mark forms being made available.
  5. In order to achieve complete transparency, allotment of applications for examination has been automated, requiring no human intervention.
  6. Electronic system has been developed for issuance of registration certificates centrally from Trade Marks Office (TMO), Mumbai, which includes printing and dispatching of certificates.
  7. TMO has started sending official communications at the e-mail of the applicant or his authorized agent.
  8. The process of renewal of registration has been automated.
  9. Prompt actions are being taken on all the applications received by the Office of the CGPDTM under Right to Information Act.
  10. Extensive hiring of Examiners coupled with training.

In light of the current reformist strategies and incessant efforts by the Government of India, the bright future of IP cannot be denied or overlooked. The massive increase in the disposal rate of IP applications also marks the seriousness of authorities towards ameliorating pendency.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Intepat IP Services Pvt Ltd
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Intepat IP Services Pvt Ltd
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions