How to File RTI with the Patent and Trademark Office (CGPDTM) — Application Status, Examination and Registration

Patents, trademarks, and design registrations are valuable business and creative assets — but dealing with the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) can be an opaque, slow-moving process. Applicants routinely wait years without receiving an examination report, find that a registered mark is blocked by an unresolved opposition they were never notified of, or discover that a refusal order was dispatched to an old address. The Right to Information Act, 2005, gives every applicant a direct, statutory path to compel CGPDTM to disclose exactly what has happened to their file.

CGPDTM is a Central Government body under the Department for Promotion of Industry and Internal Trade (DPIIT), which falls within the Ministry of Commerce and Industry. This makes it a public authority under Section 2(h) of the RTI Act, 2005, and legally required to respond to RTI applications within 30 days.

What Can You Achieve with an RTI to CGPDTM?

Filing RTI with CGPDTM is not a substitute for engaging a patent or trademark attorney, but it is a powerful tool that applicants — with or without legal representation — can use to unlock stalled files, obtain official documents, and understand refusal grounds. Here is what a well-drafted RTI can achieve:

For patent applicants:

• Obtain the complete text of the First Examination Report (FER) issued under the Patents Act 1970, including the specific prior art citations and the provisions under which objections were raised.
• Confirm whether a request for examination was received and logged, or whether a filing was lost or not acted upon.
• Find out the identity of the examiner and Controller assigned to your application, and whether the file has been transferred.
• Get the publication date and the issue number of the Official Gazette in which your application was published.
• Understand the grounds for any provisional or complete refusal, including the section of the Patents Act 1970 under which it was made.

For trademark applicants:

• Get a copy of the examination report issued by the Trade Marks Registry under Rule 36 of the Trade Marks Rules 2017, along with the objections raised and the section of the Trade Marks Act 1999 under which each objection was cited.
• Find out whether an opposition has been filed against your mark, by whom (if not confidential), and the current stage of the opposition proceedings.
• Confirm the date of advertisement in the Trade Marks Journal and the journal issue number — critical for computing opposition windows.
• Obtain the identity of the Registrar / Examiner handling your application.
• Understand the specific grounds for a refusal, including whether it was refused under Section 9 (absolute grounds) or Section 11 (relative grounds) of the Trade Marks Act 1999.

For design applicants:

• Obtain the current status of your application under the Designs Act 2000 and whether any preliminary or final objection has been issued.
• Find the identity of the examiner and the date of the last official action on your file.
• Get copies of any correspondence that may have been sent to an address you no longer have access to.

Using RTI alongside the IP India public portal (ipindia.gov.in) gives you both real-time status data and the underlying official documents in one combined strategy.

Where to File: The Right Authority

CGPDTM is not a single-location authority. It operates multiple branch offices across India for each of its three functions — patents, trademarks, and designs. Filing RTI with the wrong branch will result in a transfer, which wastes time. The table below and the IP India portal together will help you identify the correct respondent.

Patent Office (Patents Act 1970)

The Patent Office has four branches. Patent applications are assigned to a branch based on the territorial jurisdiction of the applicant's address at the time of filing:

The Design Wing is administered from the Kolkata branch. If your query is about a design application (Designs Act 2000), file RTI with the CPIO at the Patent Office, Kolkata.

Trade Marks Registry (Trade Marks Act 1999)

The Trade Marks Registry similarly has five offices. The branch handling your application depends on the applicant's principal place of business:

How to confirm your branch: Visit ipindia.gov.in, navigate to the relevant search tool (Patent Search, Trade Mark Search, or Design Search), and enter your application number. The public record shows the branch handling your application. Note this before filing RTI to avoid misfiling.

Second appeal: Because CGPDTM is a Central Government body, the second appeal authority is the Central Information Commission (CIC) under Section 19(3) of the RTI Act, 2005. There is no state-level Information Commission involved.

How to File: Step by Step

Step 1 — Confirm Your Application Details

Before drafting your RTI, check the IP India portal at ipindia.gov.in and note: your application number, the filing date, the branch it is assigned to, and the last recorded status. This confirms which branch's CPIO to address and avoids basic factual errors in your application.

Step 2 — Draft the RTI Application

Prepare your application in English or Hindi. Your application must include:

• Your full name and address (as the applicant or authorised representative).
• The application number and filing date of the patent, trademark, or design application you are inquiring about.
• A clear, numbered list of the specific information you are seeking. Be precise — "current status" is a valid question, but "a copy of the First Examination Report" or "the section under which the examination report objection was raised" will get you a more actionable response.
• A brief statement that the fee of ₹10 is enclosed or paid online.

Do not include legally argumentative text. The RTI application is a factual information request, not a complaint or a legal brief.

Step 3 — File Online via RTI Online Portal

1. Visit rtionline.gov.in.
2. Click Submit Request.
3. Select: Ministry of Commerce and Industry → Patent Office / Trade Marks Registry / CGPDTM and then select the specific branch (Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad).
4. Paste or type your application text. The portal allows up to 3,000 characters; if your request is longer, type a brief summary and attach a PDF of the full request.
5. Pay ₹10 online via net banking, debit card, or credit card. BPL cardholders are exempt — upload a copy of the BPL card.
6. Submit and note the registration number displayed on screen. You will need this number to track responses and file appeals.

Step 4 — Track the Response

CGPDTM has 30 days from the date of receipt to respond under Section 7(1) of the RTI Act. Log in to rtionline.gov.in with your registration number to track status. Responses typically arrive by email and are also available in your online account.

Step 5 — Appeal If Necessary

If the response does not arrive within 30 days, is incomplete, or is unsatisfactory:

First Appeal — Section 19(1), RTI Act: File with the First Appellate Authority (FAA) at the same CGPDTM branch within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. State the registration number of your original RTI, the specific information that was not provided, and why the response was inadequate.

Second Appeal — Section 19(3), RTI Act: If the FAA also fails to respond adequately, file a second appeal with the Central Information Commission (CIC) within 90 days of the FAA's decision or the date the FAA decision should have been made. The CIC has authority over all Central Government public authorities.

Penalty: Under Section 20 of the RTI Act, the CIC may impose a penalty of up to ₹25,000 on a CPIO who, without reasonable cause, fails to respond within the time limit, gives incorrect information, or denies information malafidely.

What Specific Information Can You Ask For?

Depending on your situation, your RTI can seek any of the following categories of information. The sample draft above covers the most common scenarios — customise it by deleting the questions that do not apply to your case.

1. Current application status (all types): The exact stage your patent, trademark, or design application is at, as per Departmental records — including whether it is awaiting examination, under examination, has had a report issued, is at the reply stage, at the hearing stage, accepted, registered, or refused. Ask for the date of the last official action on the file.

2. First Examination Report (FER) for patents: A certified copy of the FER issued under the Patents Act 1970, including all prior art citations, the date it was dispatched, and the address to which it was sent. If you claim you did not receive it, you can ask specifically whether the report was dispatched, the dispatch reference, and the postal tracking number if available.

3. Prior art citations used in patent examination: Certified copies of all documents (published patent specifications, scientific literature, etc.) cited in the FER as prior art, on the grounds that they are public documents used as the basis for official objections. Obtaining the actual cited documents lets you assess whether the examiner's reading of those references accurately reflects their disclosure.

4. Examiner and Controller assignment: The name and designation of the examiner and the Controller who are currently assigned to your patent application. This is relevant where you believe there has been an administrative transfer or the file is in limbo.

5. Trademark examination report: A copy of the examination report issued under Rule 36 of the Trade Marks Rules 2017, including the specific objections raised, the section of the Trade Marks Act 1999 under which each objection is cited (e.g., Section 9 for absolute grounds, Section 11 for relative grounds), and the date the report was issued.

6. Trade Marks Journal advertisement: The date on which your trademark application was advertised in the Trade Marks Journal, the journal issue number, and whether the advertisement was a standard advertisement or a conditional advertisement subject to disclaimer or limitation. This is essential for computing the opposition window under the Trade Marks Act 1999.

7. Opposition details: Whether any notice of opposition has been filed against your trademark application under the Trade Marks Act 1999, the date of opposition, and the current stage of opposition proceedings (notice of opposition filed, counter-statement due, evidence stage, hearing scheduled, decided). The identity of the opposing party may be sought, subject to any confidentiality claim.

8. Refusal grounds: If your application has been refused, the specific provision of the Patents Act 1970, Trade Marks Act 1999, or Designs Act 2000 under which the refusal was made, along with the date of the refusal order and the address to which it was dispatched. Knowing the exact provision and the examiner's reasoning allows you to assess whether a statutory appeal or a review lies.

9. Design application status: For design applications under the Designs Act 2000, the current status, whether any preliminary objection has been issued, the name of the examining officer, the date of the last recorded action, and a copy of any objection letter issued.

10. Certified copies of registration certificates or official documents: If your trademark or patent has been registered but you have not received the certificate, you can ask for a certified copy of the registration certificate and the date of registration as recorded in the official register.

Keeping your RTI application focused on specific, identifiable documents or factual information — rather than open-ended questions about internal processes — will produce more useful, actionable responses.