Patently Inadequate

Source: The post is based on an article “Patently inadequate” in The Times of India on 22^nd August 2022.

Syllabus: GS 3 issues relating to Intellectual Property Rights.

News: Recently, the Prime Minister’s Economic Advisory Council published a working paper on patents in India, which points out issues in the system of granting patents in India.

What are the findings of the report?

The World Intellectual Property Organisation (WIPO) 2010-19 data showed that Indians filed nearly a similar number of applications within the country (1. 2 lakh) as well as abroad (1. 07 lakh). However, only 13,670 patents were granted in India against 44,000 granted abroad.

At present, India’s average time taken to dispose of applications is 58 months against 15 in Japan, 20 in China, and 21 in the US.

The PMEAC’s report notes that manpower at the patent’s office is woefully inadequate, leading to delayed issuing of patents. India’s patent office had just 858 examiners and controllers in 2020 against over 13,000 in China and 8,000 in the US.

What are the consequences of delayed patenting?

Due to the delayed issuing of patents, other countries that quickly process patent applications get an unnecessary advantage.

Slow disposal not only delays new technologies but also sends serious Indian innovators abroad or leads to a brain drain.

Patents help start-ups secure funding, which in turn creates jobs.

What should be the course of action?

At present, India is betting big on start-ups to drive innovation and create jobs. Therefore, it is imperative that the patenting process must be made faster.

The Government of India has announced its program to fill 10 lakh central government vacancies by 2024 to tide over the job crisis. Therefore, hiring should be done in the right areas. As per the PMEAC paper, around 2,000 persons must be hired for the patent office in India.

There should be time-bound clearances, i.e., a few months or weeks for each stage of the patent-granting process.