GOVERNMENT OF INDIA
MINISTRY OF SCIENCE AND TECHNOLOGY
DEPARTMENT OF SCIENCE AND TECHNOLOGY

RAJYA SABHA
UNSTARRED QUESTION NO.2535
TO BE ANSWERED ON 21-08-2006

FILING OF PATENT IN USA

2535. SHRI A. VIJAYARAGHAVAN:

Will the Minister of SCIENCE AND TECHNOLOGY be pleased to state:

(a) whether Department of Science and Technology (DST) and Council of Scientific and Industrial Research (CSIR) used to file patents in USA;
(b) if so, the number of patents filed, granted and licensed for last five years by DST and CSIR year-wise, category-wise, organization-wise;
(c) if so, the amount of fees paid for filing patent and amount paid as maintenance fee, fee paid to attorney for filing patents, if any, license fee received and royalty received for last five years by DST and CSIR, year-wise, category-wise, organization-wise; and
(d) the criteria adopted for selecting application for filing patents in USA?

ANSWER

MINISTER OF SCIENCE AND TECHNOLOGY AND MINISTER OF EARTH SCIENCES
(KAPIL SIBAL)

(a) Yes, Sir.
(b) (i) The number of patents filed, granted and licensed in the last five years by Council of Scientific and Industrial Research (CSIR) are given in the following table:

The number of patents filed, granted and licensed by CSIR :
Year	2001-2002	2002-2003	2003-2004	2004-2005	2005-2006	Total
Filed	236	255	201	135	115	942
Granted	69	149	141	142	111	612
Licensed						92

(ii) Department of Science and Technology (DST), through its Patent Facilitating Centre (PFC), has been facilitating filing of patent applications on behalf of educational institutions and governmental R&D agencies and government departments:

The number of patents filed, granted and licensed by DST :
Year	2001-02	2002-03	2003-04	2004-05	2005-06	Total
Filed	09	05	02	-	06	22
Granted	03	04	06	07	02	22
Licensed	-	-	-	-	-	-

(c) The amount spent in various heads by DST/CSIR are given below:

Year	2001-02	2002-03	2003-04	2004-05	2005-06
Filing and prosecution fees	557.60	935.37	953.64	916.61	806.18
*Attorney charges	-	-	-	-	-
Maintenance fees	19.30	42.77	41.80	56.56	92.50

* included in filing fees and maintenance fees

The total money realized on licensing of US patents by CSIR during the period was Rs.1264 lakhs (Rupees one thousand two hundred and sixty four lakhs only)

Patent applications filed in USA
Category	2001-02	2002-03	2003-04	2004-05	2005-06
Bio-sciences/Drugs & Pharmaceuticals	99	110	50	49	40
Chemical Sciences	94	97	115	70	61
Engg & others	43	48	36	16	14
Total	236	255	201	135	115

Patents granted in USA
Category	2001-02	2002-03	2003-04	2004-05	2005-06
Bio-sciences/Drugs & Pharmaceuticals	30	58	58	43	39
Chemical Sciences	36	80	59	73	51
Engg & others	3	11	24	26	21
Total	69	149	141	142	111

DST:				(Rs.in lakhs)
Year	2001-02	2002-03	2003-04	2004-05	2005-06
Filing fees	4.08	1.60	0.90	-	2.40
Attorney charges	6.07	3.60	2.47	-	3.52
Maintenance fees	-	-	-	1.23	-

No patent was licensed by DST.

(d) Criteria adopted for selecting application for filing patents in USA in respect of DST and CSIR are given as under:

CSIR: The methodology adopted for selection of IP is done pro-actively in a two-tier mode. In each laboratory, there is an IP Cell manned by an IP coordinator who interfaces between the scientists in the laboratory and the central operation called Intellectual Property Management Division. A publication and patent committee and/or Director at the laboratory level scrutinizes all the research publications and identifies intellectual property which could be protected by patents and other forms of IP. There is a close interaction between the CSIR labs and Intellectual Property Management Division to identify the leads that could be patentable.

DST: The inventing scientists are required to present their proposals for patenting abroad before an Advisory Committee set up by DST. The Committee has members from most of the scientific departments and the members have experience and expertise in different subject areas, besides having experience in handling patents' matters in their respective departments. The decision on whether to file a US application or not is taken on the basis of the recommendation of this Committee.