Status of Patents in India

In News

• India has recorded 572% growth in grant of Patents in the last 7 years.

About

• Trade Marks registration has shot up from 65,045 in 2015-16 to 2,55,993 in 2020-21.
• These developments have reflected positively in the improvement of India’s ranking in Global Innovation Index to 48th in 2020, (+33 ranks from 81st in 2015-16). 

Intellectual Property Rights (IPR) 

• Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Types of Intellectual Property Rights (IPR)

• Copyright:
  • It is a legal term used to describe the rights that creators have over their literary and artistic works. 
  • Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
• Patent:
  • It is an exclusive right granted for an invention. 
  • A patent provides the patent owner with the right to decide how – or whether – the invention can be used by others. 
  • In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
• Trademark:
  • It is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. 
  • It dates back to ancient times when artisans used to put their signature or “mark” on their products.
• Industrial Design:
  • It constitutes the ornamental or aesthetic aspect of an article. 
  • A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
• Geographical Indications (GI):
  • GI and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. 
  • Most commonly, a geographical indication includes the name of the place of origin of the goods.
• Trade Secrets: 
  • These are IP rights on confidential information which may be sold or licensed.  
  • The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

Key Initiatives by Government

• Fee Reductions:
  • 80% fee reduction filing for IPRs to all Recognized Educational Institutions (Govt/Aided/Pvt) irrespective of whether such institute is in India or outside India.
  • Reduction in fee allowed by the department in order to help and support Startups and Women entrepreneurs in the country. 
  • Fee Concessions like 10% rebate on online filing, 
  • 80% fee concession for Start-ups & Small Entities. 
• Digital Emphasis:
  • Every application is now processed online from start to finish, hearings are conducted on phones, people don’t have to travel to patent offices now.
  • Efforts to make the whole process more user friendly. 
  • Consider instituting scholarships for students studying Intellectual Property law as well as engage faculty from renowned institutions on a part time basis to help in the patent examination process.
• Simplified Procedure: 
  • Comprehensive e-Filing facility, Electronic processing of Patents & Trademarks applications
  • IPR filing procedures are now more compact, time-bound, user-friendly & compatible for e-transactions.
  • The new timelines for disposal and shift to digital mode to promote ease of filing and obtaining services.
  • Special care is being given to expedite examination of patents filed especially for applications filed by Startups, Women Entrepreneurs etc. 
• Training & Awareness:
  • Office of CGPDTM (IP office) will impart training & awareness to 10 Lakh students during Azadi ka Amrit Mahotsav (15th Aug, 2021 to 15 Aug, 2022).

Significance of such Initiatives in India

• Prosperity Rights: Intellectual Property Rights actually translates into India’s progress in real-time and extends Intellectual Property Right to India’s Prosperity Right. 
• Innovation Powerhouse: Like geographical boundaries guard our country’s interests, Intellectual Property is the guardian of our country’s prospects. Powered by Intellectual Property, India can be the “Innovation Powerhouse“ of the world.
• Create Livelihoods: Intellectual property is the cornerstone of a nation’s progress & showcases the ingenuity of our youth. The IP has the power and potential to change lives and create livelihoods for billions. 
• Help in Progress: More proficient  IP regimes contribute to making India an innovation hub. It is the key for success of Start-up India, Make in India & Design in India. 
• Compete Globally: A strong IPR regime will empower the expansion & energize the industry in challenging times. It is one of the most valuable assets in India’s ability to compete in the global economy.
• Transparency: These initiatives are bringing transparency & ease of access for IPR seekers.

National Intellectual Property Rights Policy

• Aim: It seeks to reinforce the IPR framework in the country that will create public awareness about economic, social and cultural benefits of IPRs among all sections of the society, stimulate IPR generation and commercialization, modernize and strengthen service-oriented IPR administration as also the enforcement and adjudicatory mechanisms for combating IPR infringements.
• Seven Objectives: The Policy lays down seven objectives which are elaborated with steps to be undertaken by the identified nodal Ministry/ Department. 
• Nodal Agency: The Department of Industrial Policy and Promotion (DIPP) has been nominated as the nodal department for nurturing Intellectual Property Rights in the country.
• Dedicated Cell: To this end, a professionally-run Cell for IPR Promotion and Management (CIPAM) has been set up under the aegis of the DIPP to facilitate promotion, creaton and commercialization of IP assets.    
• Mission Statement: Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to:
  • foster creativity and innovation and thereby,promote entrepreneurship and enhance socioeconomic and cultural development, and 
  • focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance.

Way Ahead

• There is a need to work in a mission mode to achieve the ambitious target of being in the top 25 nations of the Global Innovation Index.
• The IP Rights must ensure whoever invents in India is not only protected but guaranteed to prosper. From Cars to Computers & from Sewing Machines to Spaceships, India must encourage all to design a better future for humanity. 
• The industry and other stakeholders must aim to make India the “Design hub of the World”.

• There should be more efforts to increase awareness about the GI tag and its significance. 

Source: PIB