Transformation of India's patent landscape explained

India now ranks sixth globally in patent applications, with 64,510 filings in 2023 and patent grants surging by 149.4% over the previous year, according to the World Intellectual Property Organisation. In trademarks, India ranked fourth globally, with 496,326 filings, marking a 6.1% rise. Kangan Roda, a senior panel counsel for the Indian government at Delhi High Court and panel counsel at the Supreme Court, shares her thoughts on the factors behind this growth.

Q1. India’s patent landscape has witnessed a significant transformation, with resident filings rising from 24.8% in 2013 to 55.2% in 2023. For the first time, domestic applicants accounted for most patent filings with the Indian Patent Office (IPO). What are the key drivers behind this shift?
The fact that domestic applicants breached the 50% benchmark for the first time can be attributed to two factors. Firstly, policy measures that focus on improving India’s position in the patent landscape and, secondly, a renewed interest towards R&D. The National Intellectual Property Policy in 2016 has seen domestic patent applications recording consistent growth ever since. India has registered a fifth consecutive year of double-digit growth in patent filings. Startups can also benefit from their innovations at a low cost with the Start-Ups Intellectual Property Protection in 2016, as it offers 80% fee rebates for applications. While the government has been key in transforming India’s patent landscape, credit must go to industry and institutions as well.

Q2. India saw an extraordinary 149.4% increase in patents granted in 2023, the highest growth among the world’s top 10 patent offices. What structural reforms at the IPO have contributed to this growth? Have any challenges in the patenting process been addressed?
Resolving deficiencies at the IPO has been at the forefront of the government’s agenda. While online patent filing proved to be a game-changer, concerted legislative efforts have further streamlined procedures for the granting of patents. The Patent (Amendment) Rules, 2016, made several key classes eligible for an expedited patent examination, including startups, small entities, female applicants and educational institutions. The time to file applications for a grant was reduced from 12 to six months. The IPO discontinued the mandatory requirement of filing original documents. The number of IPO patent examiners has increased four-fold since 2016. The 2024 amendment also cut the time for requesting an examination from 48 to 31 months. These reforms have fixed some longstanding gaps.

Q3. What additional steps can the government take to build a more robust and inclusive IP framework to increase patent filings, particularly from smaller enterprises and individual innovators?
Recent steps taken by the IPO and government bodies are commendable. However, to further improve the IP protection ecosystem in India, the government can consider assisting startups and individual innovators by introducing IP clinics and advisory centres. IP clinics can help budding entrepreneurs with consultation, counselling and advisory services, who could consider applying for funds to protect their IP in India via patents. Providing research grants to organisations/individuals would also boost innovation and naturally result in more patent filings.

Q4. How can the corporate sector contribute to strengthening partnerships between academic institutions and industry? What models have been successful globally that India can adopt?
It is imperative to strengthen the industry-academia collaboration if India is to unlock its true innovative potential and stand toe-to-toe with the likes of the US, China and Europe. While legislative steps, for instance, the Bayh-Dole Act in the US, have proven successful, independent partnerships can ignite innovation if they realise it is a win-win situation. Setting up research labs in institutions provide researchers with invaluable capital, while industry can broaden its product pool. Industry leaders should also consider partnering with technology transfer cells across India to streamline patent filings. Indian industry would be wise to take a cue from AstraZeneca, which collaborated with Oxford on key projects. The Fraunhofer Society in Germany is a guiding light for institutions, with a presence in 76 institutes and boasting more than €3.4 billion in annual business volume.