India’s IP ecosystem 2.0

• Author: Chaitanya Prasad
• Position: Former Controller General of Patents, Designs and Trade Marks, India

Since Indian laws became fully compliant with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 2005, IP filing rates have increased steadily. To keep pace with the growing demand for IP rights, the IPO has overhauled its operations, putting into place a robust, accessible and transparent electronic service delivery platform.

Users can now access a comprehensive suite of secure online services that make it easier for them to submit their IP applications and track their status in real time. Secure personal e-dossiers give quick access to all relevant documentation, while a comprehensive payment gateway makes fee payment easier (via debit or credit cards, e-banking or directly with over 70 banks). And those using the IPO’s web-based services benefit from a 10 percent discount on all applications filed online. Within months of implementing these measures, e-filing of patent applications rose dramatically, from 30 percent to around 78 percent of all filings (in March 2014).

Small, medium and micro-enterprises (SMMEs) are highly innovative and play a key role in driving national economic growth and wealth creation. With a view to promoting greater IP use by SMMEs, in 2014 the IPO created a new “small entity” category of users. Companies falling within this category (both domestic and foreign) enjoy a 50 percent fee discount.

Making it easier to apply for patents internationally

The opportunities afforded by globalization and the digital revolution mean that many more Indian companies are aspiring to gain a foothold in global markets. WIPO’s Patent Cooperation Treaty (PCT) offers them a cost-effective and efficient way to protect their cutting-edge technologies in up to 148 countries.

India became a member of the PCT in 1998. In that year, just 14 international applications were filed by Indian inventors under the PCT; in 2014 that figure stood at 1,428. To ensure that Indian companies benefit fully from India’s membership of the PCT, the IPO is itself actively embracing and promoting the use of PCT-related services to expand access to a broader range of cost-effective services that simplify and streamline the process of protecting patents internationally.

India takes on international patent search responsibilities

In October 2013, the Indian IPO became an International Searching Authority and International Preliminary Examining Authority (ISA/IPEA) under the PCT, joining 20 other countries in fulfilling that role.

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