India Sees Patent Boom and Streamlines the System for Future Growth
NEW DELHI, India (India CSR): Innovation in India is flourishing! The Indian Patent Office has achieved a remarkable milestone by granting a staggering one lakh (100,000) patents in a single year. This surge in patenting activity is accompanied by a threefold increase in Geographical Indications (GI) registrations and record-breaking numbers for design and copyright registrations.
Indian Government today said that this positive trend coincides with the official notification of the Patent Rules, 2024. These new rules aim to simplify the process of obtaining and managing patents, making it easier for inventors and creators to secure their intellectual property.
This streamlined system fosters a more supportive environment for innovation, ultimately accelerating India’s economic development through advancements in science and technology.
The focus on innovation aligns perfectly with the vision of “Viksit Bharat Sankalp,” which emphasizes India’s commitment to becoming a developed nation, government of India said
This news signifies a turning point for India’s innovation ecosystem. By granting more patents and simplifying the process, the country is laying a strong foundation for a future driven by creativity and technological progress.
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Some salient features of the revamped Rules are as follows:
a. Unique provision for New ‘Certificate of Inventorship’ has been introduced to acknowledge the contribution of inventors in the patented invention.
Provision for claiming benefits of Grace period under section 31 has been streamlined by incorporating new form, i.e., Form 31.
b. Time limit to furnish foreign application filing details in Form 8 has been changed from six months from the date of filing of application to three months from the date of issuance of first examination report.
c. Considering the fast pace of technology, time limit for filing request for examination has been reduced from 48 months to 31 months from the date of priority of application or from the date of filing of application, whichever is earlier.
d. Provision to extend time limit and condone delay in filing has been further simplified and made more explicit to ease in practice. Now, the time for doing any act/proceeding may be extended any number of times up to six months by a request in prescribed manner.
e. Renewal fee has been reduced by 10% if paid in advance through electronic mode for a period of at least 4 years.
f. Frequency to file the statements of working of patents in Form 27 has been reduced from once in a financial year to once in every three financial years. Further, the provision to condone delay in filing of such statement for a period up to three months upon a request in prescribed manner has been incorporated.
g. The procedure to file and dispose the Pre-grant representation by way of opposition under section 25(1) has been further streamlined and made more explicit by providing ways to dispose of the representation and fixing fees to file such representation in order to curb benami and fraudulent pre-grant oppositions and simultaneously encouraging the genuine oppositions.
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India’s IP Ecosystem Booms: Innovation Takes Center Stage
The Indian government’s commitment to strengthening the intellectual property (IP) landscape is yielding impressive results, Govt. release said. Here’s a breakdown of the key highlights:
Patents
- Surge in Filings and Granting: India witnesses a patent application every 6 minutes! In 2023, a record-breaking 90,300 applications were filed. The patent office surpassed this number by granting over 1 lakh (100,000) patents in the past year (March 2023 – March 2024), averaging 250 patents granted daily.
Geographical Indications (GIs)
- Triple Threat: GI registrations have tripled compared to the previous year, showcasing the importance of protecting regional specialties. With 573 currently registered GIs, 98 new registrations occurred in 2023-24, with an additional 62 expected by March 31st, 2024. This growth is further supported by the registration of over 11,621 authorized users, with an expected increase of 2,575 by March 31st.
Copyright
- Creative Boom: Copyright registrations hit an all-time high of 36,378 in 2023-24, highlighting the immense potential within India’s creative sector. The government plans further initiatives to raise awareness about the strategic value of copyright protection in this domain.
Design
- Record-Breaking Registrations: The year 2023-24 witnessed the highest number of design registrations ever, reaching 27,819, alongside the final disposal of 30,450 applications. Additionally, the Toycathon initiative, co-organized by J&K SCERT and the Indian IP Office, saw over 1.25 lakh students participate, with 115 novel designs by J&K students successfully registered.
Trade Marks
- Fast-Track Protection: The Trade Marks Registry prioritizes efficiency, aiming to issue examination reports within 30 days of receiving a trademark application. This ensures swift trademark protection for businesses.
IP Awareness
- Investing in the Future: The National Intellectual Property Awareness Mission (NIPAM) has actively provided IP training to over 24 lakh (2.4 million) youngsters, particularly students and teachers, across more than 7,000 institutions in the past two years.
Overall, these developments paint a positive picture of India’s burgeoning IP ecosystem. The government’s focus on streamlining processes, fostering awareness, and celebrating creativity is paving the way for a future driven by innovation and knowledge creation.
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FAQs: India’s Booming Intellectual Property Landscape
- How many patents were granted in India in the last year?
Over one lakh (100,000) patents were granted by the Indian Patent Office in the last year (March 2023 – March 2024). This translates to an average of 250 patents granted every working day.
- What are Geographical Indications (GIs) and how are they doing in India?
Geographical Indications (GIs) are labels that identify products with a specific geographical origin and possess qualities or a reputation linked to that origin. There has been a significant surge in GI registrations in India, with a threefold increase compared to the previous year. As of March 14, 2024, there are 573 registered GIs in the country.
- How is India promoting copyright protection?
The record-breaking number of copyright registrations in the fiscal year 2023-24 (36,378) highlights the immense potential within India’s creative sector. The government plans to implement further initiatives to raise awareness about the importance of copyright protection for creative industries.
- What are some key highlights of the new Patent Rules, 2024?
The Patent Rules, 2024 aim to simplify the patent process in India. Here are some key features:
- Certificate of Inventorship: Acknowledges the contribution of inventors in a patented invention.
- Streamlined Grace Period Claims: Form 31 simplifies claiming benefits of the grace period under Section 31 of the Patents Act.
- Faster Examination Requests: Time limit to request patent examination is reduced from 48 months to 31 months.
- Extended Time Limits: The time limit for various actions related to patents can now be extended for up to six months.
- Reduced Renewal Fees: Electronic payment of renewal fees in advance for a period of at least 4 years offers a 10% discount.
- Less Frequent Working Statements: The requirement to file statements of working of patents has been reduced from annually to once every three financial years.
- Improved Pre-Grant Opposition Process: Streamlined procedures for filing and disposing of pre-grant oppositions.
- How is the government raising awareness about intellectual property (IP)?
The National Intellectual Property Awareness Mission (NIPAM) has actively provided IP training to over 24 lakh (2.4 million) youngsters, particularly students and teachers, across more than 7,000 institutions in the past two years.
- What is the current status of design registrations in India?
The year 2023-24 saw the highest number of design registrations ever recorded in India (27,819). Additionally, over 1.25 lakh students participated in the Toycathon initiative, resulting in the registration of 115 novel designs by J&K students.
- How fast can I get trademark protection in India?
The Trade Marks Registry aims to issue examination reports within 30 days of receiving a trademark application. This ensures swift trademark protection for businesses.
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IIT Madras records doubling of patents granted to 300 during 2023
Since the Institute’s inception, a total of about 2,550 IP (including Patent) applications have been filed both in India (1,800) and abroad (750) so far, with the very first patent filed as early as 1975
Indian Institute of Technology Madras (IIT Madras) recorded a doubling of patents granted during 2023 calendar year. From 156 patents granted during 2022, the number increased considerably to 300 during 2023, a media release revealed on Feb 21, 2024.
In addition, the number of international patents filed (including those granted under Patent Cooperation Treaty (PCT)) also recorded a significant increase, going up to 105 during 2023, from 58 in the preceding year.
Further, as many as 221 patents have already been filed during the current fiscal (As on December 2023), including 163 Indian Patents and 63 International Patents Applications (including PCT).
Since the Institute’s inception, a total of about 2,550 IP (including Patent) applications have been filed both in India (1,800) and abroad (750) so far, out of which about 1,100 are registered IPs/granted patents (about 900 Indian & 200 International).
It is a matter of pride for IIT Madras that it had started filing Patent applications as early as January 1975 (granted in May 1977). The total number of IP applications filed crossed 1,000 in the year 2016, 2000 in the year 2022 and 2,500 in the year 2023.
Lauding the Faculty, Researchers and students on their pioneering and translational research, Prof. V. Kamakoti, Director, IIT Madras, said, “As we are marching towards our 100th year of Independence, for Bharat to become a superpower it is very important to protect our ideas. In this direction, I congratulate the faculty and students and the Office of Industrial Consultancy and Sponsored Research (ICSR) who have put together a very comprehensive program, by which we have created a record in the number of patents filed.”
Researchers at IIT Madras are proactively generating intellectual property (IP) in domains such as wireless networks, advanced materials, robotics, additive manufacturing technology, engine advancements, assistive devices, advanced sensor applications, clean energy, aerospace applications, polymer material and thin films, catalysts, and biomedical applications.
The Office of Industrial Consultancy and Sponsored Research (ICSR) at IIT Madras coordinates the different aspects related to Intellectual Property and Technology Transfer. The Centre collaborates with faculty, researchers and students and also has a dedicated Legal Cell Elaborating on the Institute support provided to researchers, Prof. Manu Santhanam, Dean (IC&SR), IIT Madras, “The institute has made it easy for inventors to access existing patent information through an online AI-based patent search tools. This facility has helped the inventors not only to quickly evaluate the invention by themselves but also to improve their ideas and claims. The emphasis is also equally on the quality of the work being translated as IP. This is only possible because of the collaborative effort of our inventors and the IP team.”
Further, Prof Ravindra Gettu, former Dean (ICSR), IIT Madras, said, “There are three aspects of IP enabling at IITM: Clarifying, simplifying and demystifying IP filling; providing support for quick filing and follow-up without the faculty losing time or worrying about procedures; and facilitating technology transfer and monetization of IP. The success stories and incentives are helping considerably.”
ITEM DESCRIPTION | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 |
INDIAN PATENTS APPLICATIONS FILED | 157 | 131 | 124 | 120 | 169 | 221 |
INDIAN PATENTS GRANTED | 19 | 41 | 105 | 131 | 156 | 300 |
INTERNATIONAL PATENTS APPLICATIONS (INCLUDING PCT) FILED | 37 | 69 | 80 | 68 | 58 | 105 |
INTERNATIONAL PATENTS GRANTED | 28 | 15 | 9 | 10 | 22 | 18 |
What IIT Madras (IITM) Innovators Say
Prof. T. Pradeep, Institute Professor, Department of Chemistry, IIT Madras, is one of the top innovators in the Institute, having filed more than 100 Indian patent applications (since January 2004) and about 50 international patent applications (since January 2005), and received almost 100 grants overall.
Speaking about the successes in patents filing, Prof. T. Pradeep, who is also a Padma Shri Awardee, said, “When my first patent was filed about 20 years ago, there was no efficient mechanism to do it. I did almost everything including patent drafting filing, responding to examination reports, commercialisation, etc. Over the years, we have built a robust system for filing and commercialisation. I have filed patents even within three days using this system and reached out to potential partners for commercialisation. About 25 of my IPs have been commercialised in one way or the other.”
Prof. M.S. Ramachandra Rao, Department of Physics, IIT Madras, said, “Each patent we seek is not just a legal document; it is a testament to our commitment to turning visionary concepts into tangible solutions. Our drive stems from the conviction that innovation is not merely an abstract concept, it is indeed a catalyst for progress. Moreover, the connection between patenting and commercialization is pivotal. Patents not only protect our intellectual property but also serve as springboards for commercial success. In essence, the pursuit of patents is intertwined with our commitment to benefiting industries and start-ups.”
Prof. Mohansankar Sivaprakasam, Department of Electrical Engineering, IIT Madras, said, “What motivates me and my group to create and commercialize IP, is the immense potential for research and innovation to develop solutions that creates impact on health and lives of people.
Our international projects, global patents and technology transfer supported by IITM’s ICSR show that this impact can go beyond India and have a global reach. In the coming years, our intent is to further increase this international footprint.”
Prof. Krishnan Balasubramaniam, Department of Mechanical Engineering, IIT Madras, said, “Seeing our Lab Research translated into solutions that impact others is the prime motivation. IIT Madras Technology going global is amazing. We are now seeing this. We are also making a difference to our startup eco-system by licensing the IP to our own startups on soft-terms enabling them to make an impact in India and elsewhere. The IP cell is extremely responsive where speed to filing, renewing, etc. are well streamlined and ease of doing business is the prime USP. The monetization of the IP is also now well organized and moving forward. We have a great future ahead of us.”
The Institute has taken various initiatives to boost IP/Patent Application filings and technology transfer including:
Simple IP Management Tool: The institute has developed an efficient in-house IP management tool which helps in docketing, document storage and retrieval of data, leading to easy and quick access of information.
Availing Fee Reduction: Government of India has reduced the patent filing fee for educational institutions with effect from 21.09.2021. For example, the official fee for filing an application for Indian patent was reduced from INR 8,000 to INR 1,600. The institute has been effectively using this provision to file a large number of patent applications.
Fast-tracking applications: Patent prosecution is a time-consuming process. A patent application is followed by publication and examination before it is granted. The ordinary timeline for publication is 18 months and for examination is 48 months. To accelerate the prosecution process, all eligible patent applications are considered for filing early publication and expedited examination, which allows the patent to be published in 1 month and examined within 3 months.
IPR awareness Workshop: IPM Cell periodically conducts Intellectual Property programs to researchers and students to create awareness on IP processing and filing.
The cell organizes regular meetings with inventors at the time of submission of the idea to fine-tune their IP applications and claims.
Motivating researchers: The Institute continues to motivate and encourage IP generations and technology transfers by rewarding/providing incentives to the best- performing researchers by a) Sharing 72% of the licensed money received with inventors, and b) Annually recognising top performing inventors by giving awards like Sir J.C. Bose Patent Awards-New Innovation award & Test of time award.
Recognition received for IP and Technology Transfer activities in the recent past
Questel IP Excellence Award 2023
CII – Industrial Intellectual Property Award 2023 in the category of Academic Institution by Confederation of Indian Industry (CII). This is based on Best Patents Portfolio during 2018-23.
CII – Industrial Intellectual Property Awards 2022 in the category of Academic Institution by Confederation of Indian Industry (CII). This is based on Best Patents Portfolio during 2017-22
CII – Industrial Innovation Award 2020 – Winner in Most Innovative Research Institution (Disruptive Innovations) by CII
National Intellectual Property Awards 2021 & 2022 – Top Indian Academic Institution for Patents Filing, Grant & Commercialisation by Ministry of Commerce and Industry, Govt. of India.
Atal Ranking of Institutions on Innovation Achievements (ARIIA) – Continuously Ranked No. 1 among centrally funded universities (2019 to 2021) by Ministry of Education, Govt. of India. ARIIA ranks the institutes based on high- quality research, innovation and entrepreneurship development, among others.
(copyright@indiacsr.in)