Patent filings dismally low in Telangana, Andhra Pradesh

In order to ensure more patent filings in Telangana and Andhra Pradesh, there is a need for organisations to evolve a top-down approach for patents, where in the management is aware of the benefits of patent filing and they should encourage patent-driven innovations across all their verticals

The Indian patent office received an overwhelming 66,440 applications in 2021-22. This reflects a 13.85% increase in the number of patents filed compared to the previous year.

Of these, 29, 508 applications were filed by Indians, which indicates the intent of Indians to protect their innovations and make new products and processes for the world. Incidentally, statistics for the two Telugu states show that Telangana State and Andhra Pradesh accounted for 1724 and 934 applications, respectively, which is less than 10% of the total domestic filings by Indians.

There are no universities, Indian companies, academia in the top 10 patent filings from the two states. Some CSIR labs like CCMB and IICT must have filed patents but that are being reflected in CSIR labs as a unit, which remains the top filing institution in the country.

According to the patent office report of 2021-22, only Dr Reddy’s and MSN laboratories have figured in the list of top 10 Patent Cooperation Treaty (PCT) filing companies as their products are exported to many countries.

If one goes by the numerous innovation hubs, incubation centres and world-class institutions in the two Telugu states, then the number of patent applications make for a dismally low figure. One of the important factors behind this is an overall lack of awareness on patentability and how to go about it. Many are not aware on what all can be patented.

Many a time, innovators, unsure if their inventions can be granted a patent, go for paper publication. An underlying fact is that any form of public disclosure prior to filing of patent destroys the novelty of the invention. Also, there is a general misnomer that patents are only for high-end technologies and simple innovations can’t get patents. Contrary to such perceptions, patents can be granted to any innovation that is novel, has an inventive step and industrial utility.

Another reason for low applications is that IPR is not a compulsory subject in many colleges and universities. As a consequence, very few students opt for IP as electives and awareness is getting further faded.

In order to ensure more patent filings in Telangana and Andhra Pradesh, there is a need for organisations to evolve a top-down approach for patents, where in the management is aware of the benefits of patent filing and they should encourage patent-driven innovations across all their verticals. Another measure is to come out with a robust IP policy for the organisation to file and commercialise IPs to their advantage.

There are many schemes of the Telangana government to incentivise patent filing but we hardly find innovators applying for it as there is very low awareness on the schemes. The best way would be to publish a report of innovators, who have benefitted from the scheme, in order to shoot up filings in the state.

The states need to institutionalise awards for the highest number of patent filings as this can encourage more filings of patents and help the cause. There is also a need to have a short refresher course on patents and IPRs for research students before they take up their work so that they understand the importance of market-driven research and coming out with good innovations for the society. Moreover, only a few varsities are working on a policy to have at least one patent from one PhD student during their thesis, which can increase filings.

To conclude, patent filings are important but there is also a need to balance the quality and quantity of the patent. It’s important that organisations file patents that have commercial potential and improve their own valuation.

One big thrust towards increasing the number of patent applications could be to sensitize startups to file their ideas for patents that are worth protection and can boost valuation. We have seen startups delaying patent filing for some inadvertent reasons and then losing out on ownership of their ideas.

Much like the saying ‘if it is worth copying, then it is worth protecting’, so also it is always better to file and block your ideas and then talk to the world.

(The writer is Head- Legal & IPR, Resolute Group of Companies)