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Unpacking India’s IP Ecosystem- For an Innovation-led Future

April 26, 2023 1599 3 IOT Emerging Tech AI

Unpacking India’s IP Ecosystem- For an Innovation-led Future

The report focuses on the patents filed across various emerging technologies in India. It also attempts to bring some insights from stakeholders across the ecosystem with respect to the patent filing process in the country, how it has improved over the last few years, and what more we could be done to make the patent filing process a seamless and rewarding experience.

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Key Highlights

  • Patent Filing in India witnesses significant growth
    • 584k Patents have been filed in India between FY2011 to FY2022
    • 13.6% y-o-y increase in patent filings in FY2022– highest annual increase over the last decade
    • 44.4% Share of domestic patents filed in FY2022, compared to 41.6% in FY2021

 

  • Emerging technology spear-heading growth
    • 266k or 45% of patents filed between 2010 to 2022p relates to technology
    • Out of which 160k (60%+) are from various emerging technology domains
    • 50%+ of emerging technology patents filed are from IoT and AI domains

 

  • Key challenges highlighted by stakeholders
    • Uncertainty on timelines for granting patents, and response from examiners
    • Lack of expertise at the patent office
    • Certain legal clauses which delay the whole process
    • Cost overruns for patent filing
    • Cumbersome patent filing process
    • For academia, lack of recognition for patents compared to research publications
    • Lack of software patentability
    • Lack of awareness on incentives and schemes across filers

 

  • Recommendations
    • Patent Office: Formulate clear timelines for each task in the patent filing process; Build expertise among the examiners; Restructure challenging legal clauses; Resolve issues with patent filing website; Support academic institutes and MSMEs in patent filing
    • Industry – Support Patent Office in training examiners
    • Legal Counsels/Law Firms – Need to upgrade their knowledge across various technologies
    • Associations & Academia – Create IP awareness and facilitate stakeholder collaborations
    • Patent Filers - Focus on quality of patents and not numbers of patents filed

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