Unpacking India IP Ecosystem- For an Innovation-led Future

The report focuses on the patents filed across various emerging technologies in India. It also attempts to bring some insights from stakeholders across the ecosystem with respect to the patent filing process in the country, how it has improved over the last few years, and what more we could be done to make the patent filing process a seamless and rewarding experience.

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Key Findings

Patent Filing in India witnesses significant growth

584k Patents have been filed in India between FY2011 to FY2022
13.6% y-o-y increase in patent filings in FY2022– highest annual increase over the last decade
44.4% Share of domestic patents filed in FY2022, compared to 41.6% in FY2021

Emerging technology spear-heading growth

266k or 45% of patents filed between 2010 to 2022p relates to technology
Out of which 160k (60%+) are from various emerging technology domains
50%+ of emerging technology patents filed are from IoT and AI domains

Key challenges highlighted by stakeholders

Uncertainty on timelines for granting patents, and response from examiners
Lack of expertise at the patent office
Certain legal clauses which delay the whole process
Cost overruns for patent filing
Cumbersome patent filing process
For academia, lack of recognition for patents compared to research publications
Lack of software patentability
Lack of awareness on incentives and schemes across filers

Recommendations

Patent Office: Formulate clear timelines for each task in the patent filing process; Build expertise among the examiners; Restructure challenging legal clauses; Resolve issues with patent filing website; Support academic institutes and MSMEs in patent filing
Industry – Support Patent Office in training examiners
Legal Counsels/Law Firms – Need to upgrade their knowledge across various technologies
Associations & Academia – Create IP awareness and facilitate stakeholder collaborations
Patent Filers - Focus on quality of patents and not numbers of patents filed

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