India’s Intellectual Property Ecosystem: Is the Scenario Favorable?

Neetha Harisha

Department of Oral Medicine and Radiology, College of Dental Sciences, Davangere, Karnataka, India

Corresponding Author: Neetha Harisha, Department of Oral Medicine and Radiology, College of Dental Sciences, Davangere, Karnataka, India, Phone: +91 9900207778, e-mail: neethamc@gmail.com

How to cite this article: Harisha N. India’s Intellectual Property Ecosystem: Is the Scenario Favorable? CODS J Dent 2023;15(2):33–34.

Source of support: Nil

Conflict of interest: None

Securing intellectual property rights (IPR) for innovative concepts, goods, and services holds significant importance in the contemporary era. In recent times, India has revamped its patent procedures, rendering IPR more attainable to its populace, whose aspirations and entrepreneurial drive are experiencing a notable surge.

It’s remarkable to acknowledge the significant progress India has made in the realm of patent grants in recent years. For instance, as recently as 2016, India was issuing just 9,000 patents annually. However, today, the country is awarding over 75,000 new patents within a span of 10 months.¹

In the past, corporate giants, particularly multinational corporations, held sway over the Indian patenting landscape. However, in the year 2023, domestic applications constitute over half, specifically 52.3%, of the total applications. In contrast, in 2016–17, resident applications comprised a mere 29% share. This echoes a mounting appetite for innovation among Indians.²

In 2022, there was a notable 31.6% surge in patent applications from Indians, totaling 55,718. This marked the swiftest escalation since 2005. As per the World Intellectual Property Organization (WIPO), India’s upward trend in patent applications has extended an unparalleled 11-year streak of growth, unmatched by any other country among the top 10 nations for patent filings. In the Global Innovation Index (GII) 2023 rankings by WIPO, India achieved the 40th position out of 132 countries. This demonstrates progress from the 46th position in 2021 and the 81st rank in 2015.²

However, India still has a long way to go. The number of individuals filing for new patents in countries such as China and the United States surpasses India by a significant margin. For instance, in 2022, China amassed over 1.6 million patent filings, whereas the United States received nearly 8,00,000.³^,²

India still requires solutions to address certain issues with its patenting process.²^,⁴^-⁶

To begin with, as of 2022, the average time for a patent to be processed in India was 4.3 years, notably longer than the 2 years in the United States and 1.4 years in China.
The primary cause of delays stems from an inadequate workforce within the patent office.
In addition to the manpower shortage, another factor contributing to processing delays is the absence of established timelines for each step in the procedure.
Navigating through the extensive paperwork and adhering to procedural requirements can pose challenges for innovators involved in the patent application process due to its complex documentation and filing procedures.
India has encountered a backlog of patent applications awaiting examination, which can result in notable delays in processing, affecting the timely protection of innovations.
The expenses linked to preparing and submitting a patent application, as well as maintenance fees, can present a considerable challenge for individual inventors and small businesses. Resource limitations might restrict their capacity to safeguard their innovations.
Even upon securing a patent, enforcing IPR can entail significant costs and time. Innovators may encounter hurdles in pursuing legal action against infringers owing to the associated legal expenses.
Stringent criteria for patentability, particularly concerning subject matter eligibility, can present difficulties.
Innovators dealing with traditional knowledge or biodiversity may encounter obstacles associated with biopiracy, wherein their inventions are exploited without appropriate consent or benefit-sharing arrangements.
Numerous innovators, particularly individuals and small businesses, may possess limited understanding of the significance of IPR and the patenting process. Insufficient education can lead to overlooked opportunities for protection.

In the field of dentistry as per the collected data, there are currently 491 pending dental patents with the Indian Patent Office (IPO) as of August 2020. Over the past decade, the IPO has approved 54 dental patents. The highest number of patents were submitted under the category of biomedical engineering, accounting for 36.8%, followed by mechanical engineering and pharmaceuticals. Since the beginning of this century, biomedical engineering has combined the realms of engineering and medicine, proving highly effective for exploration, diagnosis, and treatment in healthcare. Consequently, it’s reasonable to assume that over the past decade, this field has spearheaded innovations in dentistry as we seek enhanced expertise to advance our treatment options. Mechanical engineering has similarly experienced a surge in its connection with dentistry due to the increasing integration of modern technology in the field over the last decade. The growing influence of pharmaceuticals in dentistry can be attributed to the reinforcement of patent laws, primarily linked to the “Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),” which has notably benefited pharmaceutical companies in India, thereby making them significant players in the current global economy.⁶

Raising awareness about the process of applying for and obtaining patents is a key strategy to stimulate more participation by dentists in the innovation pool. Educational initiatives like continuing dental education programs can play a significant role in achieving this goal.⁶

Intellectual property rights play a crucial role in bolstering a country’s economic growth by stimulating innovation and research, attracting foreign direct investment (FDI), nurturing entrepreneurship and start-ups, facilitating technology transfer, cultivating a knowledge-based economy, enhancing export competitiveness, safeguarding traditional knowledge and cultural heritage, amplifying the value of intangible assets, generating employment and economic impact, adhering to global standards, and promoting green technologies.⁴

In conclusion, the notable increase in Indian patent filings is a significant milestone, showcasing the country’s dedication to innovation and safeguarding intellectual property. Through targeted emphasis on critical sectors, collaborative initiatives, and supportive governmental policies, India is primed for sustained advancement in patent filings. Looking ahead, proactive measures to tackle obstacles and cultivate an environment conducive to innovation and economic progress promise a bright future.

REFERENCES

1. As many as 75,000 patents granted in last 10 months, says Piyush Goyal. Business Standard (Internet). 2024 Jan 26. Available from https://www.business-standard.com/india-news/as-many-as-75-000-patents-granted-in-last-10-months-says-piyush-goyal-124012600645_1.html

2. Sanyal S, Arora A. Why India needs to urgently invest in its patent ecosystem? 2022. EAC-PM/WP/1/2022, 14.

3. Danish M, Sharma R. The value of Indian patents: an empirical analysis using citation lags approach. Econ Innov New Technol 2023;25:1–25. DOI: 10.1080/10438599.2023.2205137

4. Ode S, Mahato TK, Ojha SK, et al. Patents & publications: in Indian perspective. World J Biol Pharm Res 2022;2:13–23. DOI: 10.53346/wjbpr.2022.2.2.0027

5. Dash DK, Vaiswade R, Gupta G. A review on the Indian Patent System and its implication on the pharmaceutical industry. J Health Sci Med 2023;41(3):2023926. DOI: 10.31584/jhsmr.2023926

6. Cherian JM, Samuel S, Thomas AM, et al. Dental patents in India: a decade long review. Contemp Clin Dent 2022;13(4):331–336. DOI: 10.4103/ccd.ccd_180_21

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