India's Patent Report- UPSC Current Affairs

Why in the News?

Recently, the National Association of Software and Services Companies (NASSCOM) published the India Patent Report from 2015 to 2021.

Image Source: The Hindu Business Line

Probable Question

Examine the benefits and drawbacks of India's Intellectual Property Rights policy.

Key Points

About the Report

• The report is one among a series of Nasscom’s Emerging Technology-focused reports that aim to understand how Indian technology companies are creating IP assets in their largest market.
• It marks the start of our IP charter for FY2023, which will be followed by a deep dive analysis into the tech patents filed in India.

Key Findings of the Report

• Patents filed by Indian Companies: Indian companies have filed 1.38 lakh tech patents in India from 2015 to 2021.
  • More than 60% of patents are filed by Companies and start-ups.
  • 17% of the tech patents were filed by individuals/Academia-Research outfits.
• The US as a key market: The US remains a key export market for India. Over 9,500 patents were filed by India domiciled companies in the US between 2015-and 2021, an increase of around 47% between 2015 and 2019. 
  • 65 per cent of the total patents filed in the US in 2020/21 by India domiciled companies were in the technology domain.
  • The US accounted for ~62 per cent of tech exports in FY2022 and would continue to drive the share of tech patents.
• Role of Start-ups: Start-ups have been key contributors in terms of technology innovation.
  • Over 60% of the technology patents were filed by Indian companies and start-ups.
  • 21 per cent of the tech patents were related to Software Applications and Healthcare and Medical Devices, the leading segments.
• Emerging Technologies: The share of emerging technologies continues to grow in technology patents.
  • Over 50 per cent of the patents filed during 2015-2021 were related to emerging technologies.
  • AI patents more than doubled in the period 2015-2021 compared to 2015-19. 
  • Artificial Intelligence (AI) continues to lead in terms of total patents filed under various emerging technology domains. Machine Learning patents grew by over 2X maintaining its lead in AI.

International Efforts to Protect Intellectual Property Rights

• Paris Convention: The first step taken for the protection of Industrial Property (1883) in other countries. It covers:
  • Inventions (patents),
  • Trademarks,
  • Industrial Designs.
• Berne Convention: For the protection of Literary & Artistic Works (1886). It covers:
  • Novels, short stories, poems, plays;
  • Songs, opera, musicals;
  • Drawings, paintings, sculptures, architectural works.
• Both are administered by the WIPO (World Intellectual Property Organization).
• IPRs have been outlined in Article 27 of the Universal Declaration of Human Rights.
• The World Trade Organization (WTO) governs IPR through Trade-Related Aspects of the Intellectual Property Rights (TRIPS).

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What are Patents?

• A patent is an exclusive right granted for an invention, which is a product or a process which meets conditions of novelty, non-obviousness & Industrial use.
• A patent provides the owner with the right to decide how and where the invention can be used by others.
• A patent in India is governed by the “The Patent Act 1970” which was amended in 2005 to make it compliant with TRIPS.
• Criteria to get a patent in India:
  • Novelty: This means that the invention must not have been made public before the date of the application.
  • Non-obviousness: This means that the product or process must be an inventive solution. It cannot be a solution that would be obvious to a manufacturer. 
  • Industrial Applicability: It should be capable of industrial application.
• What cannot be patented?
  • Frivolous Invention: An invention that harms public order/morality/health of animals, plants & humans.
  • Methods of agricultural or horticulture.
  • Traditional knowledge
  • Computer programs and inventions related to atomic energy plants & animals.
  • Mere discovery of scientific principle.

National Intellectual Property Rights Policy (2016)

About

• The government approved the National Intellectual Property Rights (IPR) Policy in 2016 laid the future roadmap for IPRs in India.
• The Department for Promotion of Industry and Internal Trade (DPIIT), through the specially created Cell for IPR Promotion & Management (CIPAM), has been instrumental in taking forward the objectives and vision of the Policy.
• The Policy recognizes the abundance of creative and innovative energies that flow in India, and the need to tap into and channel these energies towards a better and brighter future for all.
• It sets in place an institutional mechanism for implementation, monitoring and review.
• It aims to incorporate and adapt global best practices to the Indian scenario.

Objectives of National IPR Policy 2016

• IPR Awareness: Outreach and Promotion - To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
• Generation of IPRs - To stimulate the generation of IPRs.
• Legal and Legislative Framework - To have strong and effective IPR laws, which balance the interests of rights owners with the larger public interest.
• Administration and Management - To modernize and strengthen service-oriented IPR administration.
• Commercialization of IPR - Get value for IPRs through commercialization.
• Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
• Human Capital Development - To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

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