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Debajyoti Chakravarty, “Current Trends in India’s Patenting Landscape,” ORF Issue Brief No. 806, May 2025, Observer Research Foundation.
Introduction
Patents help drive innovation and economic growth. For India, Prime Minister Narendra Modi envisions a “techade”[1] powered by the country’s young innovators, with patent filings breaking records and startups thriving across tier-2 and tier-3 cities.[2] The recent surge in patent registrations in India, up by 50 percent in five years, and a climb to the 39th position in the Global Innovation Index 2024 highlight India’s progress and ambitions to lead globally in patents and innovation.[3] At the time of writing, the Government of India was drafting a strategic blueprint to institutionalise IP financing, improve credit availability, and enable businesses to leverage IP to raise capital.
With intangible assets accounting for 85 percent of the S&P 500 valuation, India is working to create a uniform IP valuation system and appointing IP evaluators to boost IP-backed financing, generate awareness, and alleviate risk aversion among financial institutions.[4] India’s aspirations also extend to achieving a tenth of global patents in sixth-generation mobile services through the Bharat 6G Alliance,[5] building on its achievements as the world’s second largest mobile phone producer and the one with the fastest 5G network rollout. These initiatives build on India’s National IPR Policy,[6] which prioritises knowledge-driven development, emphasising IP commercialisation, human resource development, and stronger IPR administration.
This brief analyses the current status of patent filing in India and contrasts it with other countries. Individual Indian states’ patent-boosting and performance are also discussed to contextualise India’s position, capacity, and performance in patent filing and granting, and the targets it must aim to achieve.
India’s Performance in Patents
In 2023, 3.55 million patent applications were filed worldwide—a 2.7-percent increase from the previous year.[1] In India, 90,298 office applications were filed that year, reflecting a 17.2-percent rise from 2022[2] and a 25.2-percent increase since 2021.[3] In 2023, for the first time, 55.2 percent of patent applications filed domestically were by Indian residents, signalling growing domestic innovation. This aligns with a global trend of increasing resident filings,[a] which was at 71.2 percent in 2023.
There has been a shift in resident filing distribution in India over the past decade, increasing from 24.8 percent in 2013 to 55.2 percent in 2023. However, India’s contribution to global origin filings remained modest at 64,480 applications, marking a 15.7-percent increase from 2022. India ranked sixth globally in patent grants, issuing 76,053 patents in 2023 (up to one lakh[4] by 2023-2024), of which 77.7 percent were granted to non-residents. This trend highlights India’s role as a hub for foreign applicants, with non-resident/foreign-origin patents consistently dominating grants over the years.
Although India has improved its efficiency by processing 81.4 percent of patent applications, challenges remain. Pending applications have risen by 7.3 percent in 2023, and the average pendency time for first-office actions and final decisions is nearly 50 months. As a result, India ranks among the slower global patent offices in the world.
Figure 1: Average Pendency (Months) for First Office Action and Final Decision at Select Offices, 2023
Source: WIPO, 2024[5]
Global Patent Competencies
In 2023, the global patenting landscape was dominated by the top patent offices, with China leading the way. The National Intellectual Property Administration of the People’s Republic of China (CNIPA) received 1,677,701 patent applications, marking a 3.6-percent increase from 2022. The United States Patent and Trademark Office (USPTO) was second with 598,085 applications, and the Japan Patent Office received 300,133. The Korean Intellectual Property Office (KIPO) and the European Patent Office (EPO) followed, with 243,310 and 199,429 applications, respectively. Collectively, these five offices accounted for 85 percent of the world’s total patent applications in 2023.[6]
Figure 2: Patent Applications in Top Ten Patent Offices (2022 & 2023) 
Source: WIPO, 2023;[7] WIPO, 2024[8]
Regarding the origin of patent applications (resident or foreign), China was the leading global source as of 2023, with 1,642,507 applications filed both residentially and abroad. The US followed with 518,364 applications, while Japan was third with 414,413 applications.[9]
Figure 3: Patent Applications, by Top 10 Countries of Origin (2023)
Source: WIPO, 2024[10]
In 2023, CNIPA led global patent activities, granting 920,797 patents, of which only 11 percent were of non-resident origin, underscoring China’s robust domestic innovation ecosystem. The US ranked second, granting 315,245 patents, followed by Japan with 209,368. India ranked sixth globally, with 76,053 patents granted in 2023.[11]
Figure 4: Number Of Patents Granted in Top 10 Patent Offices (2023)
Source: WIPO, 2024[12]
In terms of patent grants (both resident and foreign filings) by top origin[b] in 2023, China led with 889,980 patents, followed by the US with 294,842 and Japan with 284,357. South Korea ranked fourth, with 154,658 patents. India ranked seventh, with 25,790 origin grants.[13]
Figure 5: Number of Grants for Top Ten Countries of Origin (2023)
Source: WIPO, 2024[14]
Reading the Trends
The delays in processing patent applications and the fewer number of grants may be explained partly by the limited workforce in India’s patent office. Compared to leading patent offices, India employs far fewer examiners to handle its growing volume of applications. The USPTO had 8,234 examiners[15] in 2022 and 8,180 in 2023. Similarly, the EPO had 3,982 examiners in 2022 and 3,987 in 2023. Japan also maintains a sizable workforce, employing 1,662 examiners in 2022 and 1,663 in 2023. In comparison, India had only 597 examiners in 2022, which dropped to just 221 in 2023, reflecting a reduction in personnel at a time when patent filings were on the rise.
Figure 6: Number of Patent Examiners in Select Countries (2022 & 2023)
Source: WIPO, 2023;[16] WIPO, 2024[17]
Furthermore, in 2024, the Union Law Ministry and Additional Solicitor General of India declared that patent and trademark orders issued by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in 2023 and 2024[18] are legally unenforceable[19] as the CGPDTM hired 790 outsourced employees via the Quality Council of India (QCI), a non-government body, to address personnel shortages. This development affects the validity of around 100,000 patents passed between March 2023 and March 2024, as they were passed by people who were legally incompetent to do so. The hirings were done after a report by the Economic Advisory Council to the Prime Minister (EAC-PM)[20] highlighted the lack of personnel as the cause of delays in approving patents and trademarks. This incident highlights the systemic issues of workforce shortage that contribute to a longer processing time for applications, which reduces the number of patents that are processed by India.
The Government of India has launched flagship initiatives, such as Make in India, Startup India, and Digital India, to strengthen the innovation ecosystem and promote intellectual property rights (IPR), especially patents. These initiatives have encouraged innovation, simplified IP processes, and provided financial and procedural support to startups and Micro, Small and Medium Enterprises (MSMEs) in the country. For instance, Make in India 2.0[21] focuses on 27 sectors, including infrastructure developments like integrated IT-enabled offices for patents across cities such as Delhi, Mumbai, Kolkata, Chennai, and Ahmedabad.
The establishment of state-of-the-art facilities, including the International Searching Authority (ISA)[22] and the International Preliminary Examining Authority, has strengthened India’s patent ecosystem at the national and international levels. The simplification of procedures, the introduction of e-filing, and incentives for startups and SMEs have also improved access to IP-protection mechanisms; for example, the Startup India initiative offers an 80-percent rebate[23] in patent filing fees for recognised startups.
Expedited examination facilities further reduce the time taken for patent grants, which is crucial for startups seeking quick market entry. The government has empanelled an increasing number of patent facilitators who provide such services for free, with costs borne by the government. These facilitators play a crucial role in helping startups navigate the often complex patent-filing process.
The Support for International Patent Protection in Electronics and IT (SIP-EIT) scheme[24] under Digital India supports international patent filings by offering reimbursement of up to INR 15 lakhs or 50 percent of total expenses, encouraging Indian startups and MSMEs to protect their innovations globally. The Department for Promotion of Industry and Internal Trade (DPIIT)[25] has also introduced various schemes to further enhance patent activity, including the Startup Intellectual Property Protection scheme. The programme provides startups with financial and procedural assistance, reduced fees, and fast-track examinations. The DPIIT also conducts awareness workshops and seminars to educate entrepreneurs on the importance and procedure of IPR.
These central government efforts are mirrored at the state level through localised startup policies that incorporate the central schemes. Many state governments have adopted the IP facilitation model as well as patent-cost reimbursements, mentorship programmes, and startup-recognition mechanisms to boost IP awareness and innovation.[26] As a result, there has been a marked improvement in patent filings and innovation-related activities across various states, contributing to a more robust and inclusive IP ecosystem in India.
Broadly, Indian state initiatives to boost patent numbers fall under two categories:
Table 1: Initiatives of State Governments to Boost Patent Numbers in their Jurisdictions
| Incentives | Findings |
| Financial Incentives | · There is variation in policies for patent cost reimbursement across Indian states regarding reimbursement amounts, disbursement modalities, and eligibility criteria for availing reimbursements. While some states offer higher reimbursement amounts, others lack clarity in articulating the specifics. For instance, Goa[27] and Bihar[28] do not explicitly detail the stages at which payments are disbursed during the patent application process. Mizoram[29] is discussing the creation of a scheme to assist industrial units in obtaining product patents. · Himachal Pradesh[30] and Jharkhand implement multiple overlapping reimbursement policies. Himachal Pradesh offers varying rates for domestic patents, and Jharkhand[31] has multiple reimbursement schemes[32] across different innovation sectors, creating scope for potential confusion for applicants trying to navigate and select the appropriate scheme. Andhra Pradesh[33] does not directly reimburse patent filing or prosecution costs but issues ‘Business Development Credits’ that may be used for business development activities like patents, subject to certain terms and conditions. · These policies are designed exclusively for startups and companies, with no explicit provisions for individual inventors or scientists to claim reimbursements for patent filing or prosecution costs. · Compounding the issue of accessibility, some policies, such as the Chhattisgarh New Industrial Policy 2024-2030,[34] are available only in Hindi, potentially limiting their reach and understanding for non-Hindi speakers. |
| Enabling Initiatives | · Most Indian states provide patent-enabling services such as novelty searches, patent drafting, IP commercialisation advice, technology transfer, IP valuation, and portfolio management through centres like the Intellectual Property Facilitation Centre. Additionally, states have established Centres of Excellence (IP cells) at universities to create IPR awareness, train IP personnel, offer advisory services, and promote research, training, and policy development in IPR laws. States like Andhra Pradesh[35] collaborate with international organisations, such as WIPO, to establish and operate facilities like the Technology Innovation Support Centre, which provides access to global IP resources, supports patent filing processes, conducts novelty searches, and facilitates IP commercialisation, thereby fostering a robust IP culture. · However, there are disparities in the efficacy of administration of such services across all such states in India. Some states are more proactive than others in dispensing such services. States like Andhra Pradesh are also collaborating with international organisations to enhance services, while states like Gujarat have multiple organisations delivering such services (Patent Information Centre[36], Intellectual Property Facilitation Center[37] ). |
Source: Author’s own, using various open sources.
Between 2019-2020 and 2022-2023, Andhra Pradesh, Telangana, Tamil Nadu, Maharashtra, Karnataka, and Delhi were consistently among the top 5 patent-filing states. Besides Telangana (2016 policy) and Maharashtra (2019 policy), all these states have up-to-date startup/innovation policies that detail current patent-filing incentives and the quantum of reimbursement. They also have robust enabling initiatives that assist startups/companies in filing, patent searches, and legal assistance. This indicates that both factors are important in generating patents and that an innovative landscape is conducive to increased patent filing from a particular source. These states also have regional competencies conducive to the growth of innovation and industry-led inventions that translate into patents.
These factors have given these states an edge in patent generation. Streamlined patent-cost reimbursement policy and robust enabling mechanisms contribute to the increased patent filings from these states. These initiatives, in turn, boost patent numbers for India globally. Thus, they must be directed towards greater uniform efficiency and sustained growth.
Figure 7: Number of Patents Filed, by State (2019-2020 to 2022-2023).
Source: Intellectual Property India Annual Reports, 2022-2023[38], 2021-2022,[39] 2020-2021,[40] 2019-2020[41]
Patent Laws in India and China
Subsidy, Patent Quota, and Targets
China uses patent incentives[42] and targets to drive innovation and achieve patent-filing goals. Initiatives include tax incentives and financial subsidies, often exceeding the cost of obtaining patents, to encourage increased domestic and international patent filings. These subsidies are provided across all 31 provinces of Mainland China, and the quantum varies across regions, with higher incentives for international patents. This system includes quotas and targets for state-owned enterprises, research institutions, universities, and government officials.
Use of AI to Fast-Track Patent Prosecution and Filing Time
In 2021, the CNIPA implemented AI-based prior art-search[43] systems to optimise otherwise time-consuming art searches for ascertaining patent novelty. This has been particularly useful in identifying, examining,[44] and rejecting utility patent[c] applications that lack novelty and inventiveness, thereby increasing overall efficiency of patent applications.[45]
Greater Workforce Capabilities[46]
CNIPA expanded its workforce by hiring more patent examiners. Since 2017, CNIPA has set up seven examination offices across cities, and the number of Chinese patent examiners had grown to over 16,000 by 2023. This expansion helped reduce backlogs and speed up the examination process.
Law and Policy
The new Chinese Patent Law, effective from 2021, and its Implementing Rules,[47] effective January 2024, introduced changes that enhance the patent application process, increase filing rates, and improve efficiency. For e-filed applications, documents from CNIPA are deemed to be delivered upon entry into the recognised electronic system. The grace period for retaining novelty[d] now includes prior disclosure of invention six months before the date of patent application in academic or technical meetings convened by international organisations recognised by the State Council.[48]
In cases where applications have missed the priority[e] deadline, rules allow applicants to restore priority within 14 months of the priority date for valid reasons, and to add or correct priority claims within 16 months of the priority date or four months of filing. Invention and utility model applicants may incorporate or correct missing or incorrect claims and specifications within two months of filing, provided priority was claimed on the filing date. Deferred examination is available for up to three years for invention patents and one year for utility models, with the option to withdraw requests.[f]
These reforms aim to make China’s patent system more user-friendly and efficient. At the same time, the new regulations emphasise the principle of good faith in the patent prosecution process[49] and the handling of open patent licenses, prohibiting applicants and patent owners from making false or fraudulent representations when acquiring patents or obtaining open licence-based annuity reductions.[g]
Patent (Amendment) Rules, 2024[50]
The Patent (Amendment) Rules, 2024 in India introduced changes aimed at streamlining patent procedures but retains some rigid elements. For foreign application disclosures, the filing of statement and undertaking process has been simplified, requiring disclosures at filing or within three months of the First Examination Report (FER),[h] with extended timelines available upon request and payment of fees. Divisional applications[i] now include “distinct inventions”[51] disclosed in the specification, similar to the US’s continuation applications. The timeline to request the examination of an application has been reduced from 48 to 31 months.[52] Grace period rules were updated with a new format for detailing novelty disclosures before filing a patent application in certain circumstances to align them more with international best practices. The requirements for the frequency of submitting the working statement[53] of a patented invention in India have been reduced to once every three years. Additionally, requirements for approximating the revenue generated from working on the invention have been removed, and reasons for non-working in India have been included. Controllers now have the discretionary power to condone delays for up to six months, excluding national phase entry delays, which remain uncompromising.[j]
The Way Forward
Despite steady growth, India was not among the top five countries with the most patents in 2023. A majority of the patents granted in India that year were also non-resident or foreign in origin. Therefore, there is a need to boost India’s domestic research capabilities to be at par with and eventually exceed international standards. Current data shows that India’s research and development investment as a percentage of Gross Domestic Product (GDP) stands at just 0.64 percent, compared to China’s at 2.41 percent and the US’s at 3.47 percent.[54] Additionally, private-sector contribution towards research and development is 36.4 percent of the country’s total expenditure on R&D, compared to 77 percent and 75 percent in China and the US, respectively.[55]
India can increase government and private-sector funding in R&D initiatives to generate more patents. Yet, it is not enough to conduct more research; the research needs to meet industry needs and requirements in order to generate more resident/domestic patent filings and create increased possibilities of grants for the same. Industry and academia should also collaborate to design pedagogy and train innovators to generate research and innovation that meet current industry demands. This will further stimulate private-sector funding. The government may provide tax incentives to private companies sponsoring research to encourage further academia-industry partnerships. Introducing grants and incentives for joint patents involving academic institutions and industries may cement industry-academia collaboration in the long term.
The disparity in examiner capacity in India compared to other leading countries contributes to India’s inability to process patent applications efficiently. This issue is further highlighted in the hiring of legally unqualified people to process patent applications, which render cause for later challenges in a court of law based on examiner competence and jurisdiction.
Workforce shortage is a persistent issue in the Indian patent office and needs to be systematically addressed through long-term solutions. A dedicated autonomous cell for recruiting and training scientists and other personnel for the posts of examiners and controllers can be created to address this issue. This cell can equip individuals with the technical knowledge for adjudging claims inherent in the specifications and the legal nuances of drafting FERs and other relevant orders. The cell may be provided targets for the quantum of recruitment and the jurisdiction to form its own rules and policies. The Government of India may consider creating more patent offices across India to divide the workload and ensure faster processing of applications.
State policies to boost patents will determine India’s success or failure in patent filing and generation. All 31 provinces in China offer financial subsidies and tax incentives and are set with quotas and targets that need to be met by state-owned enterprises, universities, and research institutions to promote innovation culture and patent generation. Such subsidies often exceed patent-filing costs and include domestic and international filings, with international filing subsidies exceeding domestic subsidies.
India lacks comparable targets and quotas to drive targeted patent filings and registrations. Few states reimburse total application costs. This may hinder startups that want to patent inventions on a constrained budget, impeding the patenting of inventions in India.
Additionally, there is a lack of uniformity in the incentives available to companies/startups; in various states, incentives do not exceed total patent filing and prosecution costs. In some states, the incentives are provided only after a successful grant of a patent. This puts companies in certain states at a disadvantage. Patent incentives may be allowed to accrue to any inventor, be it a natural or a juridical person. Existing schemes in different states can be availed by certain startups or companies. Individual persons, unless applying for incentives through a company, cannot avail these benefits through these schemes. As such, some incentive policies in some states are not available in all official languages of India.
The patent-incentive schemes in various Indian states aim to promote innovation by providing fiscal and other capacity-building/enabling support for filing patent applications. However, the fragmented access to these policies and the lack of uniformity create barriers for innovators, particularly those with limited resources. A repository of all state-level patent reimbursement schemes in India, accessible in all official languages, can address the challenges associated with fragmented access. Simplifying the application process through a single-window online portal with real-time tracking of reimbursements can streamline the process, ensuring ease of access and timely payments to innovators. Further, uniformity in reimbursement caps, with a minimum threshold across states, can address regional imbalances and ensure equitable support for innovation. State policies could extend beyond startups and companies to include individual innovators and target grassroots inventors, who often face the greatest barriers to entry. Targeted outreach to rural areas, disenfranchised communities, and grassroots innovators would further expand participation, fostering a more inclusive innovation ecosystem.
Moreover, while states currently focus on reimbursing patent-related costs, there is a need to emphasise long-term benefits such as the commercialisation of IP (patents) and streamlining patent transfers. For example, linking college and university IP cells with industry needs could increase the commercialisation rates of patents and enhance their economic impact. Policies can be established to introduce metrics to evaluate the performance of patent information centres and conduct periodic reviews to ensure their effectiveness. Incorporating outcome-based incentives for these centres could drive better results and accountability.
China uses AI-based systems to expedite prior art searches and increase examination efficiency. This, coupled with the number of patent examiners in multiple centres , has reduced the average processing time of applications to 15.6 months as of 2024.[56] While India has made strides in reducing its patent-processing time and begun offering patent-enabling services to adjudge priority claims, the use of AI for patent novelty searches in India is not yet known to be available. The government could prioritise this provision and offer the service on a subsidised basis in patent-information centres to increase efficiency, speed of patent processing, and novelty adjudication in the country.
The political environment is crucial for nurturing an innovation-friendly ecosystem. Political stability, rule of law, and robust IPR enforcement create the necessary foundation for attracting and retaining talent. Without secure and predictable conditions, innovators may hesitate to invest in research and patenting efforts. States could prioritise creating such environments to sustain innovation ecosystems in the long term.
In cases where applications miss the priority deadline, the Government of India could consider restoring priority within a specific timeframe for valid reasons, especially for international applications.
The government may prescribe a time limit to complete all prosecution and adjudication processes, starting from application filing to the final verdict. Furthermore, the government can implement a compensation mechanism for any undue delays by the controller/examiner in the patent grant/adjudication process, especially when the timelines prescribed for each stage of patent prosecution are exceeded.
The government can further consider enforcing good-faith principles in patent prosecution and filing processes to penalise fraudulent representation and practices, and inordinate delays by the applicant. Penalties may include warnings and fines.
The Indian Government may collaborate with international patent organisations like the World Intellectual Property Organization(WIPO) to adopt global best practices and integrate technological advancements.
Conclusion
India’s patent performance—both globally and across states—is part of a broader chain of best practices that are skilfully implemented, continuously monitored, and improved through innovative solutions to maximise productivity for the greatest number of people. Patents flourish in a robust and innovative landscape.
To achieve a high global ranking, India must focus on boosting domestic competencies. Enhancing state competencies in securing maximum patent filings and aiding in its accelerated processing and granting can help achieve this goal. Collaboration between states to share resources, tools, and practices is essential for building a unified, competitive national innovation landscape.
By adopting domestic and global best practices and coordinating efforts, states can reduce inefficiencies and enhance the reach of their programmes. The goal of filing patents is to maximise the economic utility of the patented invention. This can be achieved through strategic commercialisation and sustained government-private sector support and collaboration. Implementing these measures will foster an inclusive, robust, and globally competitive patent ecosystem in India.
Annex
The table presents state-level policies and programmes that support the patenting of innovations through various measures, including subsidies for patent applications, cost reimbursements, and patent searches. It also lists relevant implementation and facilitation agencies. The author has referenced the primary documents of the initiatives when analysing patent-related issues across states in this brief.
| State | Policies and Programmes | Key Implementation Agencies |
| Andhra Pradesh | · Andhra Pradesh MSME And Entrepreneur Development Policy, 4.0 (2024-29), also known as One Entrepreneur, One Family By 2030[57] | · Intellectual Property Facilitation Centre |
| Arunachal Pradesh | · Arunachal Pradesh Startup Policy, 2022-2023[58] | · Patent Information Centre |
| Assam | · Assam Startup Policy, 2017[59] and Assam Startup Policy (Amendment), 2018[60] read with Operating Guidelines for Startup Assam Policy, 2017[61] | · Patent information Centre |
| Bihar | · Bihar Startup Policy, 2022[62] | |
| Chhattisgarh | · Chhattisgarh Industrial Policy, 2019-2024[63] · Chhattisgarh New Industrial Policy, 2024- 2030[64] | · Patent Information Centre |
| Goa | · Goa Startup Policy, 2021[65] · IT policy, 2018[66] · Patent Filing Reimbursement Scheme, 2018[67] | |
| Gujarat | · Student Startup and Innovation Policy for the State of Gujarat, 2022-2027[68] · Gujarat IT Policy (2022-2027) read with Modification and Addendum to the Gujarat IT Policy(2022-2027)[69] | · Patent Information Centre[70] · Intellectual Property Facilitation Center[71] · |
| Haryana | · Patent Cost Reimbursement Scheme[72] read with Haryana State Startup policy, 2022[73] | · |
| Himachal Pradesh | · Chief Minister’s Startup/Innovation Projects/New Industries Scheme[74] · Himachal Pradesh IT, ITeS and ESDM Policy, 2019- Assistance for Patent Filing scheme[75] | · Himachal Pradesh Patent Information Centre |
| Jharkhand | · Jharkhand Startup Policy, 2016[76] · Jharkhand Textile Apparel and Footwear Policy, 2016[77] · Jharkhand Automobile and Auto Component Policy, 2016[78] · Jharkhand Electronics System Design and Manufacturing Policy, 2016[79] · Light and medium engineering sector and pharmaceuticals sector as per Jharkhand Industrial and Investment Promotion Policy, 2021[80] | |
| Karnataka | · Karnataka Startup Policy, 2022-2027[81] | · Patent Information Centre |
| Kerala | · Kerala Industrial Policy, 2023[82] · Patent Support Scheme under the Kerala Startup mission (KSUM)[83] | · Patent Information Centre, Kerala |
| Madhya Pradesh | · Madhya Pradesh Startup Policy and Implementation Scheme, 2022[84] read with amendment of February 2024[85] | · Patent Research and Innovation Facility, Patent Information Centre |
| Maharashtra | · Maharashtra State Innovative Startup Policy, 2018[86] · Maharashtra Industrial Policy, 2019[87] · Intellectual Property Rights Scheme, Maharashtra State Innovation Society(MSIS)[88] | |
| Manipur | · Manipur Startup Scheme 2.0 Policy, 2022[89] | · Patent Information Centre |
| Meghalaya | · Meghalaya startup Policy, 2018[90] | |
| Mizoram | · Mizoram Entrepreneurship and Startup Policy, 2019[91] · The Mizoram Industrial Policy, 2012[92] | · Patent Information Centre |
| Nagaland | · Nagaland Startup Policy, 2019[93] | · Patent Information Centre, Nagaland Science and Technology Council |
| Odisha | · Industrial Policy, 2015[94] | |
| Punjab | · Punjab Industrial and Business Development Policy[95] | · Patent Information Centre & Technology Innovation Support Centre |
| Rajasthan | · Rajasthan Investment Promotion Scheme, 2022[96] | · Patent information Centre |
| Sikkim | · Sikkim Industrial and Investment Policy, 2024[97] | · Patent information Centre |
| Tamil Nadu | · Tamil Nadu Startup and Innovation Policy, 2023[98] | · Patent information Centre |
| Telangana | · Innovation Policy[99] | · Patent information Centre |
| Tripura | · Tripura Startup Policy, 2024[100] | · Patent Information Division |
| Uttarakhand | · Uttarakhand Startup Policy, 2018[101] | · Patent information Centre |
| Uttar Pradesh | · Uttar Pradesh Startup Policy, 2020[102] read with amendment, 2022 | · Patent information Centre |
| West Bengal | · Banglashree for Micro, Small and Medium Enterprises (Banglashree for MSMEs) Scheme, 2020[103] | · Technology Development and Adaptation Centre (TDAC) under the Banglashree scheme |
Endnotes
[a] Resident filings are those from residents of the country concerned.
[b] Patent grant activity by origin includes resident applications and applications filed abroad. Origin data is based on ‘absolute counts’. For an absolute count, patent grants issues by regional offices are counted once rather than being considered equivalent to multiple grants in the respective member states.
[c] A utility patent seeks to protect only the improvement of the structure and configuration of the product. It has a 10-year protection period and differs from the standard ‘invention patent’ which has a 20-year protection period.
[d] Novelty means that, before the date of filing, no identical invention has been publicly disclosed in publications or has been publicly used or made known to the public anywhere in the world.
[e] Priority date refers to the earliest filing date in a family of patent applications.
[f] Additionally, compensation is envisaged for unreasonable delays if a patent is granted more than four years after filing or more than three years after requesting examination. Such an application may be made within three months of the grant announcement.
[g] Violations of the good-faith principle may result in administrative penalties, including warnings and fines of up to RMB 100,000, reinforcing the commitment to integrity and accountability in patent-related activities.
[h] Once the application for patent is submitted and accepted, it is examined by the Patent office after which an examination report is delivered to the applicant. Such an examination report is known as First Examination Report (FER).
[i] Divisional applications are generally used in cases where the parent application describes more than one invention and the applicant wants to split the parent patent application into one or more divisional applications, each claiming only a single invention.
[j] Despite these changes, rigid deadlines and risks of abandonment due to unintentional delays persist, leaving Indian patent law less applicant-friendly compared to jurisdictions like the US.
[1] World Intellectual Property Organisation Publications, “World Intellectual Property Indicators 2024: Patents Highlights,” WIPO, https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/en/patents-highlights.html
[2] WIPO IP Statistics Data Centre, “Intellectual Property Statistical Country Profile 2023 India Patent,” WIPO, https://www.wipo.int/edocs/statistics-country-profile/en/in.pdf#:~:text=(2)%20For%20industrial%20designs%2C%20filings%20refer%20to,asterisk%20symbol%20indicates%20that%20the%20home%20IP
[3] Rupali Mukherjee, “Indian Patent Filings Grow Faster Than Others Globally,” Times of India, November 7, 2023, https://timesofindia.indiatimes.com/business/indian-patent-filings-grow-faster-than-others-globally/articleshow/105021299.cms
[4] IPIndia, Government of India, https://ipindia.gov.in/writereaddata/Portal/News/974_1_IP_Office_Update_for_HCIM_as_on_14_March_2024_-_Final.pdf
[5] World Intellectual Property Organisation, World Intellectual Property Indicators 2024, Geneva Switzerland, 2024, https://tind.wipo.int/record/50133?v=pdf
[6] World Intellectual Property Organisation, World Intellectual Property Indicators 2024, Geneva Switzerland, 2024, https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/assets/69723/941EN_WIPI_2024_WEB2.pdf
[7] World Intellectual Property Organisation, WIPO IP Facts and Figures 2023, Geneva Switzerland, 2023, https://www.wipo.int/edocs/pubdocs/en/wipo-pub-943-2023-en-wipo-ip-facts-and-figures-2023.pdf
[8] World Intellectual Property Organisation, World Intellectual Property Indicators 2024, Geneva Switzerland, 2024, https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/assets/69723/941EN_WIPI_2024_WEB2.pdf
[9] World Intellectual Property Organisation Publications, “World Intellectual Property Indicators 2024: Highlights Patents Highlights,” WIPO, https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/en/patents-highlights.html#:~:text=In%202023%2C%20China%20issued%20920%2C797%20patents%2C%20almost,issued%20by%20the%20US%2C%20which%20ranked%20second.&text=In%202023%2C%20China%20(5%20million)%20had%20the,(1.3%20million)%20and%20Germany%20(928%2C106)%20(figure%201.8).
[10] World Intellectual Property Organisation, World Intellectual Property Indicators 2024, Geneva Switzerland, 2024, https://tind.wipo.int/record/50133?v=pdf
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[82] Government of Kerala, “Kerala Industrial Policy 2023,” Government of Kerala,https://www.ksidc.org/wp-content/uploads/2023/05/IND-POLICY-ENG.pdf
[83] Kerala Startup Mission, “Patent Reimbursement Scheme”, Government of Kerala,https://startupmission.kerala.gov.in/schemes/patent-support
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[94] Government of Odisha, “Industrial Policy 2015,” Government of Odisha,https://investodisha.gov.in/download/industrial-policy-resolution-2015.pdf
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[100] Government of Tripura, “Startup Policy,” Government of Tripura,https://startup.tripura.gov.in/sites/default/files/Start_Up_policy_Final.pdf
[101] Government of Uttarakhand, “Uttarakhand Startup Policy,” Government of Uttarakhand,https://startuputtarakhand.uk.gov.in//attachments/1645842195.pdf
[102] Government of Uttar Pradesh, “Uttar Pradesh Startup Policy 2020 (First Amendment-2022),” Government of Uttar Pradesh,https://invest.up.gov.in/wp-content/uploads/2023/02/Uttar-Pradesh-Startup-Policy-2020-First-Amendment-2022.pdf
[103]WBXPress schemes, “Banglashree for Micro, Small and Medium Enterprises,” WBXPress,https://wbxpress.com/banglashree-micro-small-medium-enterprises/
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Debajyoti Chakravarty is a Research Assistant at ORF’s Center for New Economic Diplomacy (CNED) and is based at ORF Kolkata. His work focuses on the use ...
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