India has witnessed a remarkable surge in patent activity in the past decade, reaching a record high of 41,010 patents granted as of 15th Nov 2023 for the year 2023–24. This is a ten-fold increase from the 4,227 patents granted in 2013-14 and reflects the country’s growing innovation potential and economic development.

What are the factors behind this patent boom?

Several factors have contributed to the rise in patent filings and grants in India, such as:

• Policy reforms and initiatives: The Indian government has introduced various policy reforms and initiatives to promote innovation and intellectual property rights (IPR) protection in the country. These include the National IPR Policy 2016, the Patents (Amendment) Rules 2020, the Startup India Scheme, the Make in India Campaign, and the Atmanirbhar Bharat Abhiyan. These policies and programs aim to create a conducive environment for innovation, facilitate the patent process, provide incentives and support to innovators, and boost the domestic manufacturing and self-reliance of the country.
• Increased R&D spending and output: India has also increased its spending and output on research and development (R&D) in various sectors, such as information and communication technology (ICT), biotechnology, pharmaceuticals, engineering, and agriculture. According to the World Bank, India’s gross domestic expenditure on R&D (GERD) as a percentage of GDP rose from 0.62% in 2013 to 0.81% in 2020. India also ranked 40th in the Global Innovation Index 2023, up from 81st in 2015-16, indicating its improved performance in innovation inputs and outputs.
• Globalization and collaboration: India has also benefited from the globalization and collaboration of innovation, as it has attracted foreign direct investment (FDI), technology transfer, and joint ventures from various countries, especially the USA and Japan, which are the top two sources of patent filings in India. India has also established bilateral and multilateral cooperation with several countries and organizations, such as the BRICS, the WIPO, the EPO, and the JPO, to enhance its IPR regime and facilitate the exchange of best practices and knowledge in the field of patents.
• Emergence of new technologies and sectors: India has also witnessed the emergence of new technologies and sectors that have spurred innovation and patent activity in the country, such as artificial intelligence (AI), blockchain, internet of things (IoT), 5G, electric vehicles, renewable energy, nanotechnology, and digital health. These technologies and sectors have opened up new opportunities and challenges for Indian innovators, who have demonstrated their creativity and competitiveness in developing and applying them to various domains and problems.

What are the implications and challenges of this patent boom?

The patent boom in India has several implications and challenges for the country, such as:

• Enhanced innovation and economic growth: The patent boom in India signifies the country’s enhanced innovation and economic growth, as patents are indicators of a nation’s inventive and productive capacity. Patents can also generate income and employment, foster entrepreneurship and startups, stimulate foreign trade and investment, and improve the people’s quality of life and social welfare.
• Increased competition and collaboration: The patent boom in India also implies the increased competition and collaboration of the country in the global innovation landscape, as India has to compete with other emerging and developed economies in terms of innovation performance and quality. India also has to collaborate with other countries and organizations in terms of harmonizing and strengthening its IPR regime, resolving patent disputes, and addressing global issues and challenges through innovation.
• Need for patent awareness and education: The patent boom in India also poses the need for patent awareness and education among various stakeholders, such as inventors, researchers, entrepreneurs, industries, academia, government, and society. There is a need to create a culture of innovation and IPR protection in the country and to disseminate information and knowledge about the patent process, benefits, and challenges to potential and existing patentees. There is also a need to provide training and capacity building to patent professionals, such as patent agents, examiners, and attorneys, to ensure the quality and efficiency of the patent system.
• Need for patent infrastructure and resources: The patent boom in India also demands the need for patent infrastructure and resources, such as patent offices, databases, tools, and personnel, to cope with the increasing volume and complexity of patent applications and grants. There is a need to upgrade and modernize the patent infrastructure and resources and leverage digital technologies, such as e-filing, e-gateways, e-PCT, and AI, to streamline and expedite the patent process, and to enhance the accessibility and transparency of the patent system.

  The process of filing a patent in India involves the following steps:

  • Writing down the invention with as much details as possible, such as the problem it solves, the features, the advantages, the drawings, and the examples.
  • Conducting a patentability search to check if the invention is novel, non-obvious, and useful, and to identify the relevant prior art and the scope of protection.
  • Drafting a patent application that includes the title, abstract, specification, claims, drawings, and other documents, such as the Form 1 (application), Form 2 (provisional or complete specification), Form 3 (statement and undertaking), Form 5 (declaration of inventorship), Form 26 (power of attorney), and Form 28 (if applicable).
  • Filing the patent application either online or at the patent office, along with the prescribed fees. The application can be filed by the inventor, the assignee, or the legal representative, and can be either provisional or complete, depending on the stage of development of the invention.
  • Publication of the patent application after 18 months from the date of filing or the date of priority, whichever is earlier The publication discloses the invention to the public and invites any pre-grant opposition within four months from the date of publication.
  • Requesting for examination of the patent application within 48 months from the date of filing or the date of priority, whichever is earlier. The examination can be either ordinary or expedited, depending on eligibility and the fees paid. The examination involves a thorough scrutiny of the patent application by a patent examiner, who issues a first examination report (FER) with the objections, if any.
  • Responding to the objections raised by the patent examiner in the FER within 12 months from the date of issuance of the FER The response should address the objections and amend the patent application, if necessary, to comply with the patentability criteria and the patent law.
  • Grant of patent if the patent examiner is satisfied with the response and finds no further objections. The grant of patent is notified in the patent journal and confers the exclusive rights to the patentee for 20 years from the date of filing.
  • Post-grant opposition by any interested person within 12 months from the date of publication of the grant of patent. The post-grant opposition is heard by an opposition board, which gives its recommendation to the controller, who decides whether to maintain, amend, or revoke the patent.
  • Renewal of patent by paying the renewal fees every year, starting from the third year of the patent term. The renewal fees can be paid either annually or in lump sum. The failure to pay the renewal fees results in the lapse of the patent.

  This is a brief overview of the patent procedure in India. For more details and guidance, you can visit the official website of the Indian Patent Office or consult a patent professional.

Conclusion

India’s patent boom is a remarkable achievement and a testament to the country’s innovation potential and economic development. However, it also entails various implications and challenges that need to be addressed and overcome by the country. India has to continue its efforts and initiatives to promote and protect innovation and IPR in the country and to leverage its patent assets and advantages to achieve its national and global goals and aspirations.