In an unforeseen development, the Indian Patent Office (IPO) has granted a record number of 41,010 patents up to November 2023. This milestone sets a new standard for innovation and technological progress, as it marks a noteworthy growth in patent grants compared to the 4,227 patents granted in the fiscal year of 2013-14. The IPO operates under the jurisdiction of the Office of Controller General of Patents, Designs and TradeMarks (CGPDTM), Ministry of Commerce and Industry, with responsibilities extending to the regulation of patents, designs, and geographical indications in India.
Noteworthy Increase in Patent Applications from India
The World Intellectual Property Organization (WIPO) report highlights a significant increase in patent applications from India. It demonstrates a growth of 31.6% in 2022, marking an 11-year streak unmatched by any other top-10 filing country. This rise in patent grants symbolizes India’s advancing innovation, technology, and competitiveness.
The Impact of High Patent Grants
A surge in patent grants usually indicates progress in various sectors. In India’s case, it reflects positively on society, economy, and youth. It addresses several challenges, creates opportunities, and grooms talent in the technology and innovation sectors.
An Overview of Patent
A patent is a statutory right granted to an inventor for an invention for a specified period, in exchange for disclosing his invention. The grantee acquires the exclusive right to prevent others from making, using, selling, or importing the patented product or production process. The patent system in India follows the norms laid down in the Patents Act, 1970, updated by the Patents (Amendment) Act, 2005, and the Patents Rules, 2003.
The Patents (Amendment) Rules are periodically updated to keep pace with the ever-changing environment. The most recent update took place in 2021. According to these rules, a patent has a validity period of 20 years from the date of application filing.
Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty enables an applicant, who is a national or resident of a PCT Contracting State, to seek patent protection for an invention in many countries simultaneously by filing an international patent application. This application may be filed either with the national patent office of the Contracting State or, optionally, with the International Bureau of WIPO in Geneva.
Criteria for Patent Eligibility and Protection
An invention becomes patent-eligible if it’s novel and non-obvious, has potential industrial applications, and adheres to the provisions of sections 3 and 4 of the Patents Act 1970. However, it’s important to note that patent protection is territorial, meaning it only applies within India’s jurisdiction and doesn’t extend to a global level.
Relevance of the Patents Act, 1970
The Patents Act was introduced in India in 1972, replacing the former Indian Patents and Designs Act of 1911. The Act was later amended in 2005 to extend product patent to all fields of technology, including food, drugs, chemicals, and microorganisms.
India’s Involvement in Treaties and Conventions Related to Patent and Intellectual Property Rights
India is actively involved in several international treaties and conventions focused on intellectual property rights. It is a member of the World Trade Organisation, the World Intellectual Property Organization, and other significant WIPO-administered international treaties and conventions related to IPRs.
On the national front, India adopted the National Intellectual Property Rights (IPR) Policy in 2016 as a vision document to guide IPR development in the country.
Upcoming Challenges and Solutions
Boosting the innovation ecosystem in India involves increasing investments in research and development, establishing and supporting innovation hubs and incubation centers, simplifying patent procedures, and enhancing the capacity of the IPO. Greater education on IPR for innovators, especially youth, and conducting training programs could simplify the patent filing process and foster a culture of innovation and protection.
