Innovation , a distant dream ?
Writing in today's ( July 19 , 2015 ) Business Standard ,
Arindam Majumder provides following interesting facts about patents :
> No of patents filed last year
* Whole
World..................... 214,500
*
USA................................ 61,492
*
Japan.............................. 42,459
*
China............................... 25,539
*
India............................... 1,349
> Only one Indian entity features on the
list of the top 10 recipients of Indian
patents
> Collectively , the IITs filed 342
patents
That article also quotes Mr Narayan Murthy , expressing his
anguish at the lack of innovations coming out of our IITs and Research Labs
True , but while lamenting this poor state of affairs , we
should also examine what causes this poor state
Here are my guesses :
> PATENT -
FILING TIME
Whereas , it takes months to get a
patent approved in Developing Countries , it takes years in India ( see my old
blog below )
> PATENT-
FILING COST
In India , it costs lakhs of rupees ( fees of
Patent Attorney ) . Abroad , it takes lakhs of dollars
> PATENT
PROTECTION COST
It costs a fortune ( whether in India or Abroad ) , to protect
your patent in a court of law . Often , more than the monetary benefit derived
from it !
And with never-ending appeals , it takes years to settle the
matter
For Indian Innovators , fighting a patent litigation in Foreign
Courts , is an impossible task
> PATENT
REGIME
India's Patent Laws are considered " weak " ,
especially , in case of Pharma / Chemical patents , in respect of "
Product Patent " vs " Process Patent "
There is also a provision whereby , Government of India can
force a Foreign Patent holder to " license " it compulsorily , to an
Indian applicant who wants to exploit that patent ( of course , on reasonable
licensing fees ! )
> PATENT BENEFITS
Abroad , when a scientist working in a Educational Institute or
a Research Lab , invents something for which ,even if a patent gets applied for
in the name of that Institute , he too gets a percentage of future royalties ,
when that patent gets licensed for commercial exploitation
I don't think , Indian Inventors , benefit in this way . That
takes away the incentive
> PATENT
PRESTIGE
If the inventing scientist's name does not figure on the patent
and gets replaced by the name of his boss , innovations will remain buried !
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{ Old blog dated : 26 Feb , 2012
}
Want a Patent ? Be patient !
Newspaper Pravasi ( 26 Feb 2012 ) gives following interesting –
but far more distressing – info about working of India’s Patent Office in
Mumbai :
Ø No of patent applications pending ………………………………… 100,000
Ø Which will take to clear ………………………………………………….. 3 years
Ø No of requests being examined / year ………………………….. 12,000
Ø Additional Patent Examiners being trained …………………….. 250
Ø Which will help clear no of applications / year ………………… 40,000
Ø New requests being received / year ………………………………… 25,000 +
Ø Annual growth-rate of requests ……………………………………… .. 20 %
I would not be surprised if Indian scientists working in foreign labs are filing more patent applications abroad than the Indian scientists working in Indian labs !
Innovation will get a huge boost if Patents can be granted – or even rejected – in 6 months !
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hemen parekh
19 July , 2015
B2BmessageBlaster
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