India’s Patent System Hits a Bottleneck: Examining the Decline in Examinations Despite Record Filings

The Indian Patent Office (IPO) stands at a crossroads. India has witnessed remarkable growth in patent filings in recent years, driven by surging domestic innovation and heightened global interest. Yet, this upward trajectory is marred by a dramatic slowdown in the examination and disposal of patent applications. This development threatens to erode hard-won gains, frustrate stakeholders, and stall India’s progress as an IP powerhouse.

Introduction

As patent attorneys who have spent decades guiding clients through the complexities of global life sciences intellectual property (IP), we witnessed the evolution of the Indian IP regime from a relatively obscure outpost to a pivotal jurisdiction. In the pharmaceutical and biotech sectors, particularly, India’s reforms have been closely watched and often lauded. However, recent data exposes a deepening crisis at the IPO: while filings have soared, the machinery responsible for their examination and grant is grinding to a halt, raising serious questions about India’s capacity to sustain its IP-driven growth.

The Numbers Tell the Story

• Explosive Filing Growth: Patent filings in India jumped from 56,000 in fiscal year (FY) 2019-20 to 92,000 in FY 2023-24, with filings in FY 2024-25 surpassing 100,000. For the first time, domestic filings have outstripped foreign filings, reflecting extraordinary local innovation and confidence in the Indian IP system.

• Alarming Decline in Examinations: In sharp contrast, the number of First Examination Reports (FERs) issued has plummeted—from 80,000 in FY 2019-20 to just 18,000 in FY 2023-24. To date in FY 2024-25, only 9,643 applications have been examined, a mere 10% of the filing rate.

• Rising Backlog: After years of progress in reducing backlogs, the drop in examinations means a fresh logjam is forming, undermining prior gains.

Why This Matters

This bottleneck could have profound ripple effects. Applicants face significant uncertainty and lengthy delays. The promise of a modern, efficient Indian patent system—critical for attracting investment, incentivizing research, and integrating into global innovation—appears at risk.

Critical Concerns Raised by Stakeholders

The numbers only tell part of the story. Practitioners and applicants are raising a suite of urgent operational and procedural issues:

1. Unpredictable, Out-of-Sequence Examinations

Despite the principle that FERs should issue in the order that Requests for Examination (RFEs) are filed, many older applications languish unexamined, while some recent filings receive prompt attention—even grants. This undermines fairness and planning.

2. Inconsistent Adjournment Practices

Applicants paying for adjournment requests encounter unpredictable, sometimes insufficient, extensions—sometimes only a few days, weekends included—making meaningful preparation impossible.

3. Arbitrary General Powers of Attorney and Stamp Duty Demands

Different Controllers are imposing inconsistent and sometimes illogical demands regarding General Powers of Attorney despite industry pushbacks, including a recent representation by the Asian Patent Attorneys Association.

4. Slow Post-Proceedings Decisions

It is increasingly common for applications to linger, sometimes for years, without final decisions even after hearings and submissions are complete.

5. Communication Failures

FERs, hearing notices, and final orders frequently fail to reach the attorneys on record. Law firms must implement internal systems as a stopgap, a patch for a problem that needs systemic correction.

Additional Systemic Challenges

• No Mandated Timelines for Office Actions: The absence of prescribed deadlines for FERs or hearing decisions creates intolerable uncertainty. Many responses filed in 2022–23 remain unaddressed, with no indication of when action will occur.

• Vague and Broad FER Citations: Examiners frequently cite broad, undifferentiated prior art references in FERs, forcing applicants to guess which sections are relevant. This inefficiency burdens applicants and delays prosecution.

• Non-Responsiveness to Follow-Ups: Emails and grievance meeting requests often go unanswered, leaving applicants in limbo and reluctant to press further.

• Opaque Prosecution Tracking: The lack of real-time progress visibility—such as examiner assignments or hearing scheduling—prevents applicants from tracking or managing their applications confidently.

• Unstructured Post-Grant Opposition: The opposition process is opaque and open-ended. Recommendation reports are rarely shared proactively, and evidence can be submitted up to the hearing date, encouraging procedural gamesmanship and unpredictability.

• Repetitive FER Objections: Hearing notices often copy-paste earlier objections without any rationale for rejecting applicants’ responses or amendments, offering no clarity or actionable feedback.

• No "Granted" Patent Document: The IPO does not issue a consolidated, labelled “Granted” patent document, which can confuse, especially where amendments were made during prosecution.

• Introduction of New Objections at Hearing: The practice of raising new objections for the first time during hearings—with no prior notice—can blindside applicants and companies, denying them the right to a fair, well-prepared response.

Key Takeaways

• Crisis at the IPO: Record patent filings in India juxtaposed with a precipitous drop in examinations and growing backlogs threaten to stall the momentum of IP-driven economic growth.

• Stakeholder Confidence at Risk: Delays, inconsistent practices, poor communication, and lack of transparency undermine faith in India’s IP regime and risk discouraging future innovation.

• Immediate Reforms Needed: The Controller General and Department for Promotion of Industry and Internal Trade must address operational inefficiencies, enforce fair and predictable procedures, and implement robust communication protocols. Transparency, accountability, and strict adherence to timelines are essential.

• Global Implications: As India strives to position itself as a key global innovation hub, these challenges must be confronted head-on to preserve and enhance its reputation among international innovators and the domestic R&D community.

India’s IP future is full of promise, but only decisive, systemic action will ensure that promise is realized. Now is the time for meaningful reform—so that the patent system can become the reliable engine of innovation and growth that stakeholders deserve, and India needs.

This post was written by Lisa Mueller and Dr. Indrani Saha Bhattacharya from D. P. Ahuja & Co.