India's Patent Achievement in 2024

In July 2024, the Union Minister of Commerce and Industry announced that India granted approximately one lakh patents in 2024, showcasing a remarkable rise in patent approvals.

About Patents

1. A patent is a legal protection granted to an inventor, ensuring that others cannot make, use, or sell the invention without permission.
2. Patent rights are territorial, meaning they are only valid within the issuing country, and there is no global patent system.
3. Legal Framework in India: India's patent system is governed by the Patents Act, 1970.

1. This act is periodically updated to reflect the changing environment, with the latest amendments being made under the Patents (Amendment) Rules, 2024.

4. Criteria for Patentability: For an invention to be patentable in India, it must meet the following criteria:

1. Novelty: The invention must be new.
2. Non-obviousness: It should not be apparent to someone with knowledge and experience in the subject.
3. Industrial Applicability: The invention must be useful in some kind of industry.
4. It must also not fall under the exclusions specified in Sections 3 and 4 of the Patents Act, 1970.

About Patents Act, 1970

The Patents Act, 1970 came into force in 1972 which replaced the Indian Patents and Designs Act, 1911.

Key Amendments in 2005:

1. The act was passed to bring India's patent system into compliance with the WTO TRIPS Agreement.
2. Product Patent: Extended to all technological fields, including food, drugs, chemicals, and microorganisms. The term for product patent protection is 20 years. 
3. Exclusive Marketing Rights (EMRs): These were removed, and provisions for granting compulsory licenses were introduced.

• EMRs means the right to sell or distribute the article or substance covered in a patent or patent application in the country.

4. Opposition Provisions: The Act introduced processes for both pre-grant and post-grant opposition to patents. The act allows anyone to file an opposition against a patent's grant after it's published but before it's granted.
5. Compulsory licensing: The act provides for compulsory licensing if patented inventions are not accessible at reasonable prices.

• For example, the act allows for the granting of compulsory licenses to export medicines to countries that don't have the manufacturing capacity to import them.

6. Section 3: This section outlines what is not considered an invention under the law.

• It includes frivolous (non-serious) claims, inventions that violate natural laws, those that are against public order or morality, scientific principles, abstract theories, and discoveries of natural substances, whether living or non-living.

7. Section 3(d): This section prevents the evergreening of patents by disallowing patents for new forms of known substances that don't have significant productiveness.
8. Section 4: This section specifies that inventions related to atomic energy are not eligible for patents.

• According to this section, any invention related to atomic energy that falls under sub-section (1) of section 20 of the Atomic Energy Act, 1962, cannot be granted a patent.

Key Changes in the Patents (Amendment) Rules, 2024

1. Reduced Timeline for Request for Examination (RFE):

1. The deadline for filing a Request for Examination (RFE) has been shortened from 48 months to 31 months from the priority date. This change aims to speed up the patent examination process.

2. Simplified Submission of Form 3:

1. Applicants are now required to submit a single, updated Form 3 after receiving the First Examination Report (FER). The Patent Office issues this examination report, commonly referred to as the FER.

3. Introduction of the ‘Certificate of Inventorship’:

1. A new provision has been introduced to recognize the contributions of inventors to patented inventions.
2. Previously, Indian patent certificates did not identify inventors, but this amendment allows for their recognition.

4. Frequency of Filing Patent Working Statements

1. The frequency for filing statements regarding the working of patents has been reduced from once per financial year to once every three financial years.

5. Amendments in Pre-grant and Post-grant Opposition Procedures

1. The time frames for submitting recommendations by an Opposition Board and for applicants' responses have been revised.
2. This amendment aligns with the Delhi High Court’s decision in the 2023 Syngenta Limited v. Controller of Patents and Designs case.

Global Innovation Performance Global Innovation Index (GII) 2023: India ranked 40th out of 132 countries in the Global Innovation Index 2023, a notable improvement from its 46th rank in 2021 and 81st in 2015. Patent Application Surge: A study by the World Intellectual Property Organization highlighted that India saw a 31.6% increase in patent applications in 2022, surpassing countries like China and the U.K. in growth rate.

Significance of Granting Patents

1. Promoting Innovation and Research: Patents grant exclusive rights that motivate and reward innovation.
2. Attracting Foreign Direct Investment (FDI): Countries with strong intellectual property protection are more likely to attract FDI.

1. A robust intellectual property environment assures foreign investors that their innovations will be protected, encouraging investment in India.

3. Building a Knowledge-Based Economy: The protection of intellectual property, such as copyrights and trademarks, promotes the creation and commercialization of intellectual assets in areas like literature, arts, music, and branding, which supports the growth of a knowledge-based economy.

Challenges and Solutions in the Patenting System

Challenges	Solutions
Lengthy Approval Process: Patent offices often take months or even years to review applications, creating delays for inventors seeking to secure their rights.	Simplifying Procedures with online filing systems and user-friendly interfaces. Provide clear, accessible guidelines for patent drafting and prosecution.
Backlog of Patent Applications: The high volume of applications often leads to backlogs in patent offices, further extending the time required for approvals.	Addressing Backlogs: Implement efficient case management and disposal strategies to clear backlogs in patent applications.
Limited Awareness and Education: Many inventors, particularly small businesses and individuals, lack sufficient knowledge about the patenting process, which can hamper their ability to protect their inventions.	Raising Awareness: Integrate intellectual property (IP) education into academic curriculums, particularly in STEM fields. Establish IP support centers and provide pro bono legal services for small businesses.
Resource Constraints: The patenting process can be costly, involving attorney fees, application fees, and maintenance fees, which can be a significant barrier for inventors with limited financial resources.	Providing Financial Support: Introduce government subsidies and fee reductions for individual inventors and startups. Encourage patent pools and collaborative research to reduce costs.
Stringent Patentability Criteria: India’s specific provisions under Section 3 of the Patents Act exclude certain types of inventions from being patented, posing challenges for innovations in those areas.	Relaxing Patentability Criteria: Review and align patentability criteria with international standards. Offer pre-filing consultations to assess the patentability of inventions.
Issues of Biopiracy and Traditional Knowledge: Protecting genetic resources and traditional knowledge from biopiracy presents complex challenges within the patent system.	Protecting Traditional Knowledge: Implement stricter regulations and effective enforcement against biopiracy. Develop a national database of traditional knowledge to ensure better protection.

 

Related Conventions/Treaties (India signatory to all) WIPO Administered (first recognised IPR under): Paris Convention for the Protection of Industrial Property 1883 (Patents, Industrial Designs) Berne Convention for the Protection of Literary and Artistic Works 1886 (Copyrights) WTO-TRIPS Agreement: Ensures adequate standard of protection Argues for incentives for technology transfer to developing countries Budapest Treaty 1977: International recognition of the deposit of micro- organisms for the purposes of patent procedure Marrakesh VIP Treaty 2016: Facilitate access to published works by visually impaired persons and persons with print disabilities IPR also outlined in Article 27 (Universal Declaration of Human Rights) India and Indian Performing Right Society Limited (IPRS) Initiatives National IPR Policy 2016: Motto: "Creative India; Innovative India" Compliant with TRIPS Agreement Brings all IPRs to single platform Nodal Dept: Department of Industrial Policy & Promotion (Ministry of Commerce) National (IP) Awareness Mission (NIPAM) Kalam Program for Intellectual Property Literacy and Awareness Campaign (KAPILA) Celebration of World Intellectual Property Day: 26th April

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