Union Minister of Commerce and Industry highlighted that India issued around one lakh patents in 2024, reflecting the significant increase in patent approval.
Patent
- A patent is a legal right to an invention given to a person or entity without interference from others who wish to replicate, use, or sell it.
- Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent.
- The patent system in India is governed by the Patents Act, 1970 with patent rules being regularly amended in consonance with the changing environment, the most recent being Patents (Amendment) Rules, 2024.
- Criteria of Patentability: An invention is patentable subject matter if it is novel, non-obvious, and capable of Industrial application.
- Additionally, it should not attract the provisions of section 3 and 4 of the Patents Act 1970.
Patents Act, 1970
- This principal law for patenting system in India came into force in the year 1972. It replaced the Indian Patents and Designs Act 1911.
- The Act was amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and microorganisms.
- After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced. The provisions relating to pre-grant and post-grant opposition have also been introduced.
Key Changes Under Patents (Amendment) Rules, 2024
- Reduced timeline for filing a Request for Examination (RFE): From 48 months to 31 months from the priority date.
- Introduction of ‘Certificate of Inventorship’: Acknowledge inventors’ contributions by identifying them for their patented inventions.
- Frequency of filing statements: Reduced from once a financial year to once every three financial years.
- Amendments in Pre-grant and Post-grant Opposition Procedures: Time frame for submission of recommendations by an Opposition Board and the response time for applicants have been adjusted.
In the Global Innovation Index (GII) 2023 rankings by WIPO, India secured the 40th position out of 132 countries. This marks an improvement from the 46th position in 2021 and the 81st rank in 2015.According to the study released by the World Intellectual Property Organisation, India sees record 31.6% rise in patent applications in 2022; ahead of China, U.K.
Significance of Granting Patents
- Encouraging Innovation and Research: Granting exclusive rights through patents incentivizes innovation.
- Attracting Foreign Direct Investment (FDI): Countries with robust intellectual property protection regimes tend to attract more FDI. A well-protected IP environment provides confidence to foreign investors that their innovations will be safeguarded, encouraging them to invest in India.
- Creating a Knowledge-Based Economy: Protection of copyrights and trademarks encourages the creation and commercialization of intellectual assets in fields such as literature, arts, music, and branding contributing to the development of a knowledge-based economy.