India Grants Record Patents | 06 Jul 2024

Source: HT

Why in News?

Recently, the Union Minister of Commerce and Industry highlighted that India issued around one lakh patents in 2024, reflecting the significant increase in patent approval.

What is a Patent?

• About:
  • A patent is a legal right to an invention given to a person or entity without interference from others who wish to replicate, use, or sell it. 
  • Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent.
  • The patent system in India is governed by the Patents Act, 1970 with patent rules being regularly amended in consonance with the changing environment, the most recent being Patents (Amendment) Rules, 2024.
• Criteria of Patentability: An invention is patentable subject matter if it is novel, non-obvious, and capable of Industrial application.
  • Additionally, it should not attract the provisions of section 3 and 4 of the Patents Act 1970.
• Patents Act, 1970:
  • This principal law for patenting system in India came into force in the year 1972. It replaced the Indian Patents and Designs Act 1911.
  • The Act was amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and microorganisms.
  • After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced. The provisions relating to pre-grant and post-grant opposition have also been introduced.
• Key Changes Under Patents (Amendment) Rules, 2024:
  • Reduced timeline for filing a Request for Examination (RFE): From 48 months to 31 months from the priority date.
  • Introduction of ‘Certificate of Inventorship’: Acknowledge inventors' contributions by identifying them for their patented inventions.
  • Frequency of filing statements: Reduced from once a financial year to once every three financial years.
  • Amendments in Pre-grant and Post-grant Opposition Procedures: Time frame for submission of recommendations by an Opposition Board and the response time for applicants have been adjusted.

Section 3 and 4 of Patents Act, 1970

• Under Section 3, frivolous claims, inventions against natural laws, those contrary to public order or morality, discoveries of scientific principles or abstract theories, discoveries of natural living or non-living substances, etc are not considered inventions.
• Section 4 pertains to Inventions relating to atomic energy that are not patentable. According to Section 4, no patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962.

What is the Significance of Granting Patents?

• Encouraging Innovation and Research: Granting exclusive rights through patents incentivizes innovation.

• Attracting Foreign Direct Investment (FDI): Countries with robust intellectual property protection regimes tend to attract more FDI. A well-protected IP environment provides confidence to foreign investors that their innovations will be safeguarded, encouraging them to invest in India.

• Creating a Knowledge-Based Economy: Protection of copyrights and trademarks encourages the creation and commercialization of intellectual assets in fields such as literature, arts, music, and branding contributing to the development of a knowledge-based economy.

What are the Challenges in the Patenting System?

• Lengthy Approval Process: Patent offices can take months or even years to examine applications. This can be problematic for inventors waiting to secure their rights.
• Backlog of Patent Applications: Patent offices often deal with a high volume of applications, leading to a backlog that can further extend approval times.

• Limited Awareness & Education: Many inventors, especially small businesses and individuals, lack sufficient knowledge about patents and the process. This can hinder their ability to effectively protect their inventions.

• Resource Constraints: The patenting process can be expensive, involving patent attorney fees, application fees, and potential maintenance fees. This can be a barrier for inventors with limited resources.

• Stringent Patentability Criteria: India has specific provisions under Section 3 of the Patents Act that exclude certain inventions from patentability. This can be a hurdle for innovations in these areas.

• Enforcement Issues: Even with a patent, enforcing patentee rights against infringers can be costly and time-consuming, requiring legal action.

• Biopiracy & Traditional Knowledge Issues: Ensuring fair access to genetic resources and protecting traditional knowledge associated with them can be complex issues in the patent system.

What are Steps Needed to Improve the Patenting System?

• Simplifying Procedure: Streamline application process with online filing and user-friendly interfaces. 

  • Offer clear and accessible guidelines for patent drafting and prosecution.

• Simplify Approval Process: Increase manpower and resources in patent offices for faster examination.

  • Offer expedited examination options for critical inventions.

• Clearing Backlog: Clear the backlog through efficient case management and disposal strategies.

• Creating Awareness: Integrate intellectual property (IP) education in academic curriculums (STEM fields).

  • Establish IP support centers and pro bono legal services for small businesses.
• Provision of Subsidies: Introduce government subsidies and fee reductions for individual inventors and startups.
  • Promote patent pools and collaborative research to share costs.
• Relaxing Patentibility Criteria: Review and harmonise patentability criteria with international standards.
  • Offer pre-filing consultations to assess invention's patentability.
• Strengthen Legal Mechanism: Strengthen IP enforcement mechanisms, including specialised courts and faster adjudication.
  • Promote alternative dispute resolution (ADR) for cost-effective enforcement.
• Protecting Traditional Knowledge: Implement stricter regulations and effective enforcement against biopiracy.
  • Develop a national database of traditional knowledge for better protection.