Skip to main content

It took a petition filed for Nitto Denko Corporation to expose backlogs and pendency at the Indian Patent Office – and force a revisit of expedited applications.

Nitto Denko’s petitions highlighted the extensive backlog and resultant delays in the Indian Patent Office. Beset by underfunding and understaffing the office took anywhere between 8 and 9 years to grant a patent. Compare that to the six months ‘ordinarily’ mandated to issue the First Examination report under the Patent Rules then.

The court after hearing the matter constituted a committee to look into the many recommendations made on behalf of Nitto Denko. Indeed, the door to expedited patents had been opened – and ultimately the Patent Office would receive much-needed reprieve, even if reform in the patent regime would be left wanting.

The committee deliberated out-of-turn patents and recommended adding Rule 24C to the Patent Rules for inventions contributing directly to public interest. That, and the applicant would have to prove resources to commence production within two years from filing.

Aside from inviting discussion on how backlog could be reduced, the petition also heralded change at the Indian Patent Office. The government disbursed an additional 30.96 million rupees ($492 thousand) to increase manpower and halt the attrition from the then-poor remuneration offered to its officers.

The proposed expedited patent is still some way short of accepting urgency – like for instance the US patent office which can be much more flexible in its dispensation. And how much industry, any industry, is able to benefit from strict public interest and capital requirements is one to be seen.

Authored by Pravin Anand.

The article was published in The Patent Lawyer April 2015.

Nitto Denko Corporation v Union of India and Ors

To continue reading, please contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming
News & Updates, Thought Leadership
•
Oct 31, 2026

A startup has developed a new technology, filed a patent application and begun building its product. The filing is an important milestone. But what happens

Your Startup Has Filed a Patent. Now What? The Commercial Value of IP
News & Updates, Thought Leadership
•
Oct 29, 2026

‘First published on Chambers’ By: Lakshmidevi Somanath and Kanishka Vaish Leveraging the Process of Interim Injunction as a Strategic Instrument in

Leveraging the Process of Interim Injunction as a Strategic Instrument in India & U.S. IP Litigation
News & Updates, Thought Leadership
•
Oct 27, 2026

When a pharmaceutical company develops a new formulation of an existing drug, is it creating a genuine innovation or extending its monopoly over a medicine

Evergreening or Genuine Innovation? The Patentability of New Drug Formulations in India