Table of Contents
What is a Patent?
- Under the Indian patents act 1970, a patent can be obtained only for an invention which is new and useful. The invention must relate to the machine, article or substance produced by a manufacturer, or the process of manufacture of an article.
- The application for a patent must be true and the first inventor or the person who has derived title from him, the right to apply for a patent being assignable.
- Characteristics needed for Patenting
- Novelty
- Inventive steps
- Industrial applicability
What is a Patent?
Rights & Obligations of Patentee
Who issues Patents?
- Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), an agency under the Department for Promotion of Industry and Internal Trade under Ministry of commerce & Industry administers the Indian law of Patents, Designs and Trade Marks
The News
The News
- India has achieved yet another milestone in context of IP innovation ecosystem, wherein for the first time in the last 11 years, the number of domestic patent filing has surpassed the number of international patent filing at Indian patent office in the Quarter Jan-Mar 2022.
- Out of a total 19796 patent applications filed, 10706 were filed by Indian applicants against 9090 by non-Indian applicants.
The Progress in India
The Progress in India
The Progress in India
- Filing of patents have increased from 42763 in 2014-15 to 66440 in 2021-22, more that 50% increase in a span of 7 years
- Nearly five times increase in grant of patents in 2021-22 (30,074) as compared to 2014-15 (5978)
- Reduction in Time of patent examination from 72 months in Dec 2016 to 5-23 months at present, for different technological areas
- India’s ranking in Global Innovation Index has increased to 46th in 2021 (+35 ranks) as compared to from 81st in 2015-16
Reasons for Progress?
- Key initiatives of govt like
- Patents Rules, 2021 which include 80 per cent fee concession for startups, small entities and educational institutions
- 10 per cent rebate on online filing of patent applications
- Provisions of expedited examination for startups and MSMEs
- A fund of funds for startups of 10000 cr
- Tax exemption for three out of 10 years for startups
- Seed Fund Scheme 2022 etc
Huge scope of Improvement
- Despite all this, in comparison to RoW, India has lot of ground to catch up.
- The number of patents granted in India remains a fraction of China, the US, Japan and South Korea.
- According WIPO, 530,000 patents were granted in China, 352,000 patents granted in the US, 179,000 patents granted in Japan and 135,000 granted in South Korea, for 2020 (India – 25000).
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- India’s low expenditure on research and development (R&D) activities (0.7% of GDP) is one of the key reasons for relatively low patents in India compared to other countries.
- Procedural delays and complexity are some other issues that have deterred many from filing patents in India.
- Ex: India has very low number of patent examiners incomparison to others. India number in 2020 stood at 615 compared to 13,704 in China, 8,132 in the US and 1,666 in Japan.
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