Patent Landscape in India: Analysis of Trends - iPNOTE Blog
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Patent Landscape in India: An Analysis of Trends and Opportunities

By Saad Shaikh, Fence IP 

 

India’s intellectual property landscape has seen significant transformations over the past few years. One of the critical areas of focus in this domain has been the evolution of patents. In this article we will explore the recent trends in patent applications in India and analyzes the reasons that make the Indian market an attractive option for patent seekers.

Contents 

 

1. Statistical Analysis of Patents in India

2. Why Enter the Indian Market?

3. What can You Patent in India?

4. Precautions in Filing a Patent Application in India

5. The Patent Registration Process in India

6. Insights Related to Patent Registration in India

7. Conclusion

1. Statistical Analysis of Patents in India

 

With the wake of the 21st century, India emerged as a strong technology and innovation player. 2000-2010 witnessed a significant shift in patent filings. Subsequent decade surpassed all previous records and brough up revolution in the IP industry. IP filing records are as below: 

 

YearFiledExaminedGrantedDisposal
2017-1847854603301304547695
2018-1950659854261528350884
2019-2056267800802493655945
2020-2158503731652838552755
2021-2266440665713007335990*

 

*Disposal of 15991 applications U/s 21(1) was deferred due to extension of the prescribed period of limitation by The Hon’ble Supreme Court of India.

 

1. Filed Applications: A consistent increase in the number of filed patent applications indicates an active interest in safeguarding intellectual property (IP) in India. From 2017-18 to 2021-22, there was a noticeable growth rate of around 38.88%.

2. Examined Applications: Although the number of examined applications saw a dip in 2021-22, overall there has been a sharp rise, reflecting efficiency in the process.

3. Granted Patents: The number of granted patents has more than doubled from 2017-18 to 2021-22. This upward trend may indicate an enhanced understanding of the requirements and a more strategic approach by applicants.

4. Disposals: The disposal numbers have experienced fluctuations, with the particular note in 2021-22 due to legal constraints.

2. Why Enter the Indian Market?

 

Entering the Indian market provides an opportunity for businesses to tap into a diverse consumer base with varied needs and preferences. There are four common reasons for businesses to enter the Indian market:

1. Growing Economy: India is one of the fastest-growing economies in the world. This growth is accompanied by an increase in consumer demand and technological advancements, providing a fertile ground for the introduction and commercialization of new, patented products and services.

2. Improved IP Protection: Over the years, India has made significant strides in strengthening its intellectual property (IP) laws and regulations. These improvements have made it easier for inventors and businesses to protect their IP rights, thereby encouraging more innovation and patent filings.

3. Skilled Workforce: India boasts a large pool of highly skilled scientists, engineers, and professionals. This talent can contribute significantly to research and development activities, leading to more innovations that can be patented.

4. Cost-Effective Process: The cost of filing and maintaining a patent in India is relatively lower compared to many Western countries. This cost-effectiveness makes India an attractive destination for individual inventors and small companies who may not have extensive resources.

3. What can You Patent in India? 

3.1. What Can Be Patented?

 

1. Novelty: The invention must be new, meaning it has not been previously known or used in the public domain in any part of the world. This includes any publication in any document or display at an exhibition.

2. Inventive Step (Non-Obviousness): The invention must involve an inventive step, which means it must not be obvious to a person skilled in the relevant field of technology. This inventive step should represent a technological advancement or have economic significance.

3. Industrial Applicability: The invention must be capable of being made or used in an industry. It should have a practical application and should be capable of being manufactured or used in some kind of industry.

3.2. What Cannot Be Patented?


1. Frivolous Inventions: Inventions that are frivolous or claim anything contrary to well-established natural laws cannot be patented. For example, a machine that claims to achieve perpetual motion would be considered contrary to natural laws.

2. Inventions that may harm public order or morality: Inventions that can potentially harm public health, safety, or morals are not patentable. This includes inventions that could encourage offensive, immoral, or harmful behavior. Read also about TM registration in India.

3. A mere discovery of a new form of a known substance: Discovering a new form of a known substance which does not result in the enhancement of the known efficacy of that substance is not patentable. For example, the discovery of a new form of a known drug that does not increase its efficacy would not be patentable.

4. Computer programs per se: Computer programs as such are not patentable. However, if the computer program is linked with a novel hardware, then the invention may be patentable.

5. Mathematical methods, business methods, and algorithms: These are considered as abstract ideas that are not patentable. However, if these methods are used in a computer program or any other device to improve its functionality or solve a technical problem, they may be considered patentable.

4. Precautions in Filing a Patent Application in India

 

1. Public Disclosure: Public disclosure of the invention before filing a patent application can jeopardize the novelty of the invention. If the invention is disclosed in a public forum, such as a scientific publication or a conference, before filing a patent application, it may no longer be considered new or novel.

2. Patent Search: A patent search is a crucial step before filing a patent application. It helps to determine whether the invention is new and non-obvious. A thorough patent search often requires access to specialized databases and expertise in patent law and the relevant technological field.

3. Patent Specification: The patent specification is a document that provides a detailed description of the invention. It must meet certain legal requirements and should be drafted in a way that fully discloses the invention and clearly defines the scope of the protection sought. Drafting a patent specification can be complex and usually requires the expertise of a patent attorney.

5. The Patent Registration Process in India

A. Ensure Invention’s Patentability

 

Before patenting an invention, it must meet the prerequisites of novelty, inventive step, and industrial applicability. The first primary task is to execute a comprehensive search to ensure the invention’s uniqueness. This search is typically performed using databases such as those managed by the Indian Patent Office, WIPO, or USPTO.

B. Drafting the Patent Application

 

After confirming the invention’s patentability, the next stage involves drafting a meticulous application containing all specifications and claims. Applicants must fill out Form 1 of the Indian Patent Application and furnish Form 2 patent specifications. Depending on the invention’s stage of development, applicants can opt between provisional and complete patent applications. It’s wise to engage a patent agency or attorney at this stage to ensure that the application complies with all requirements.

C. Filing the Patent Application

 

The patent application must be submitted to the Indian Patent Office along with the required filing fee and multiple forms such as:

  • Form 1: Application for granting of a patent.
  • Form 2: Specification of the form of the application.
  • Form 3: Information regarding foreign applications.
  • Form 5: Declaration of the invention.
  • Form 26: Authorization of an agent.
  • Form 28: Mandatory for small entities or start-ups.

D. Publication of the Patent Application

 

The patent application gets published in the official patent journal, usually 18 months after filing. Early publication requests can be made through Form 9, and certain conditions may restrict publishing.

E. Examining the Patent Application


The patent officer reviews each application for compliance with Indian patent laws. Objections, if any, are listed in the First Examination Report (FER), and the applicant may need to amend the application accordingly.

F. Grant and Renewal of Patent

 

If the application complies with all guidelines, a patent is granted and published in the Patent Office Journal. A patent in India is valid for 20 years, with an annual renewal fee required.

6. Insights Related to Patent Registration in India

A. Pre-Examination Considerations

 

  • Understand Patentability Criteria: Clients must comprehend the criteria of novelty, inventive step, and industrial applicability. Understanding these criteria can help inventors to design and modify their inventions to meet the patentability requirements.
  • Avoid Public Disclosure: To maintain novelty, inventors should avoid disclosing their inventions to the public without first filing a patent application. Public disclosure can include presentations at conferences, publication in scientific journals, or disclosure to potential investors without a non-disclosure agreement.
  • Engage Professionals for Search and Drafting: For in-depth analysis and precise drafting, employing professionals can be advantageous. Patent attorneys or agents have the necessary legal and technical expertise to conduct a thorough patent search and draft a patent application that meets all legal requirements.

B. Avoiding Oppositions

 

  • Conduct Thorough Research: Before filing a patent application, inventors should conduct a thorough patent search to ensure that their invention does not infringe upon existing patents. This can help to avoid opposition and objections during the examination process.
  • Follow the Prescribed Process: Adhering to all rules, regulations, and timelines prescribed by the Indian Patent Office can help to minimize objections and oppositions. This includes filing all required forms, paying the necessary fees, and responding to objections within the prescribed time limits.

C. Deadlines

  • Early Publication: Requesting early publication can speed up the process. Normally, a patent application is published 18 months after the filing date. However, by filing Form 9, applicants can request early publication, and the application will be published within one month from the date of the request.
  • Responding to Objections: Any objections listed in the FER must be addressed promptly, typically within 6 months. If the applicant fails to respond within this time limit, the application may be deemed to have been abandoned.

D. Post-Grant Considerations

 

  • Stay Informed About Renewal Deadlines: To keep a patent in force for the entire 20-year term, the patentee must pay an annual renewal fee. If the fee is not paid within the prescribed time limit, the patent may lapse.
  • Monitor the Market: Patentees should monitor the market to detect any potential infringements of their patent rights. If an infringement is detected, the patentee should be prepared to enforce their rights through legal action.

7. Conclusion

 

The Indian patent system, with its evolving landscape, offers numerous opportunities for inventors, businesses, and entrepreneurs. The upward trend in patent applications and grants reflects a thriving innovation ecosystem, backed by legal reforms and a commitment to IP rights protection. However, the path to successful patenting in India requires a careful understanding of what can be patented, adherence to the legal process, and strategic engagement with professional services. By taking proper precautions and leveraging the insights shared above, patent seekers can navigate the complex terrain of Indian patent law and secure valuable assets for their intellectual creativity.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Need help with IP services in India? Contact Fence IP  now via iPNOTE to learn more and get started.

 

Sign up for free, and we’ll help you solve any IP-related problem.
 

Also note: Chinese trademark registration, trade mark registration in India.

Other posts

The Ultimate Guide to Amazon Brand Registry and Advanced Tools for Brands
Unlocking Trademark Registration in Greece: Essential Steps & Insights
Trademark Registration in Lithuania: Your Gateway to Legal Protection
Qatar Trademark Registration Essentials: A Must-Read for Businesses
Taiwan Trademark Application Made Simple: A Step-by-Step Guide
Knockout Trademark Search Tool: Boost Your Strategy With iPNOTE
Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Track, Manage, Succeed: Navigating IP Rights with iPNOTE
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?