India’s patent culture takes a giant leap forward in FY23

In FY23, the number of patent applications filed was 82,807 out of which 43,337 were from the domestic companies making it to 52.3 per cent in the current year. This is a welcome sign to show the surge in Indian applicants filing more patent applications. The same was at 30-35 per cent domestic filings in the pre-covid era.

The Indian patent office has revamped to a large extent to meet this demand by both inducing resources and IT infrastructure. In 2010-11, a patent application used to take 5-8 years for getting a grant, but as on today a patent application in a smooth sailing case takes 2-3 years for the grant. The Indian patent office has close to 900 staff in FY22 which is far less than China’s 13000+ and US patent office 8000+ staff.

Another factor leading to increase in the filings could be the reduction of the fee i.e., 80 per cent for academic institutions which has motivated many to file patents. Also, many multinational firms have started their research and development process in India. This has indirectly boosted the rise in patent filings by Indian subsidiaries.

India has more than1000 universities and one lakh plus startups, which will be a seed material for increasing in numbers of patent applications in the coming years. With over 12,000 startups in tech space, it’s even more pertinent that this numbers should increase, and we should cross two lakh patent applications by 2025.

India has now become an IP aware nation, but still there is a long way to build that IP culture and bring patents and IPs to a tangible outcome. Incubators, accelerator, and tinkering labs all are working to come out with good innovations, but there is a need to scan this from the patent lens to see how these can be taken up for patent filing and brought to logical conclusions. The government, startups, academia and industry should come on one platform and work towards co-designing and co-developing products and solutions for the world.

Kerala is the only state in the country with a separate R&D budget document and this year the allocation was Rs 3500 crore, the other states can plan on a similar line to increase the budget and more participation from the private sector in R&D spends will really fillip the Indian innovations and patent filing index in the coming years.

In conclusion, it’s going to be exciting times for both the Indian patent office and Indian innovators in the days to come with technology evolving every now and then, we need to see how the Indian patent office and the legislation will gear up to grant strong patents in new frontiers of technology and also how innovators will use AI and other tools in patents and innovations for a better future.

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