TMOne of the recurring concerns I hear from innovators and businesses is this: “Our patent application has been pending for years—what can we realistically do next?”
While the Indian patent framework under the Patents Act, 1970 provides a robust structure for examination, in practice, processing timelines can sometimes vary significantly depending on multiple factors such as technical field, workload distribution, and administrative dynamics.
At the same time, it’s important to acknowledge the significant rise in patent filings in India over recent years, which has naturally increased operational demands on the system.
So, where does that leave applicants—especially those who want to avoid immediate litigation?
Is approaching the Court the only option?
Not necessarily.
While writ remedies remain available in cases of exceptional delay, there are several structured, non-litigation approaches that can often help bring attention to long-pending matters.
Practical Steps That Can Help
Ø Consider Escalation at the Administrative Level Where appropriate, matters may be escalated to the Office of the Controller General of Patents, Designs and Trade Marks with supporting documentation. This can sometimes facilitate internal review.
Ø Use IPO Open House Help Desk (Ticket-Based Support) The Intellectual Property Office provides an Open House Help Desk system where stakeholders can raise tickets for issue resolution.
· Register using your email address
· For payment/CBR issues, include:
o Transaction ID / Temporary Number / User ID / Time of payment
· For application-specific queries, use the same email ID linked to the IP application
· For urgent e-filing issues, select the relevant category and optionally provide your contact number in the remarks section
This creates a traceable support request and often enables faster coordination.
Ø Participate in IPO Open House Sessions (Direct Interaction) An important initiative—launched under the guidance of Hon’ble CIM and led by Prof (Dr.) Unnat P. Pandit—CGPDTM RoC&GI, DPIIT MoC&I —enables direct engagement with stakeholders through structured Open House sessions.
Schedule:
· Mondays & Wednesdays → Patents
· Tuesdays & Thursdays → Trade Marks
· Fridays → Designs, Copyrights & GIs
· Time: 4:30 PM – 5:30 PM (working days)
These sessions provide a public, interactive platform to raise concerns, seek clarifications, and discuss practical issues.
Note:
· It is a public forum (WebEx-based)
· Priority is based on participation (“raised hands”)
· Keeping queries concise helps ensure meaningful resolution
Ø File a Formal Representation A clear, well-documented representation to the concerned Controller—highlighting timelines and requesting time-bound consideration—often works better than informal follow-ups.
Ø Explore Expedited Examination (If Eligible) Where eligibility exists (e.g., startups, MSMEs, certain international routes), expedited examination provisions may help re-prioritize the application.
Ø Pre-Litigation Communication In some cases, a formal legal communication—carefully framed—can serve as a constructive final step before considering judicial remedies.
Why Do Some Applications Take Longer?
From experience, delays may arise due to:
- Variations in technical workload across domains
- File allocation or reallocation processes
- Legacy backlogs or system transitions
These are often procedural realities rather than intentional delays.
A Balanced Approach
For applicants facing prolonged timelines, a structured approach can be effective:
✔ Combine formal representation with Open House Help Desk and sessions ✔ Escalate thoughtfully where required ✔ Allow reasonable time for administrative response ✔ Consider legal escalation only as a last step
Closing Thought
The objective is not just to highlight delay—but to navigate it effectively.
With the right combination of documentation, persistence, and professional engagement, it is often possible to move long-pending applications forward without immediately resorting to litigation.
Continued collaboration between stakeholders and the Patent Office will further strengthen efficiency and outcomes.
If you’ve encountered similar situations, I’d be interested to know—what approaches have worked in your experience?
#Patents #IntellectualProperty #IPR #Innovation #Startups #IndiaIP