India’s significant increase in IP indication numbers

Although India has been a country with many controversial IP infringement cases, it is also the country with many high indicators of IP improvement, especially with IP case filing. India’s significant increase in IP indication numbers has been the most convincing evidence that this country is rising rapidly in the world IP stage. 

During the last 5 years, even with the negative impacts from the Covid-19 pandemic, India has seen an outstanding record on the number of patents granted.

In addition, the number of patents filed in the country in the same period also increased by 30 percent.

All of India’s efforts in the IP field have been seen and recognized by the world, demonstrating most prominently through its increase in the Global Innovation Index (GII) published recently. 

In the GII report, India has climbed more than 20 notches – from 81st spot in 2015-16 to 46th in 2021.

Regarding the correct numbers of IP files and granted cases, the government’s Economic Survey 2021-22 has provided that India had 9,847 granted patents in 2016-17. From 2020 to 2021, this number climbed to 28,391. In terms of patents filed, the figure rose from 45,444 in 2016-2017 to 58,502 in 2020-2021.

To achieve this result, India’s efforts in these years can’t be unmentioned. 

There have been many schemes and programs issued by government agencies and organizations to develop IP awareness and IP importance in India, such as the government initiative Startup India that launched in August 2015 which aims to promote innovation and encourage the establishment and growth of startups.

At the current time, one of the most well-known IP programs is the “Make in India” that launched on September 25, 2014. 

Specifically, Make in India is a government initiative targeting to turn India into a global center of design and manufacturing activities.

Expert opinions

Tarun Khurana, a partner at Khurana & Khurana in New Delhi stated about India’s significant increase in IP indication numbers and India’s main development in IP overall: “Under the able leadership of Hon. Prime Minister Narendra Modi, the Indian industrial ecosystem has surely realized that Make in India is a critical need of the hour, for which investment in R&D and intellectual property is imperative. Therefore, Indian entities have increasingly, over the last three to five years, enhanced their focus on developing differentiated products and technologies which are strongly IP-backed, resulting in the increasing number of patent applications being filed year on year.”

Stating the importance of the programs and initiatives that aim to promote IP improvement in India, Khurana has stated: “Owing to this, not only have the filings from startups increased significantly, but established entities such as telecom companies, IT entities, Indian Institutes of Technology and pharmaceutical companies have also seen a sharp increase. This is made further efficient by the ability of entities to apply for expedited examination requests, which can help them get patents issued within 12-18 months on average compared to the average timeframe of over five years earlier. Further, the increase in the number of examiners/controllers at the Patent Office and focused training programs for them, have made the patent prosecution smoother, more transparent and substantive in nature.” 

Nevertheless, as the sheer number of patent applications won’t directly translate to success and an improved IP society in India, Khurana warned that these numbers won’t add up if the quality of the patent applications is weak: “A key aspect however to be kept into consideration is the quality of patent applications being filed and prosecuted as unless the focus remains on the quality of applications, the numbers won’t matter as such patents won’t be enforceable. Therefore, the broadness of claims, nature of claims and the quality of patent specification drafted do and would continue to play a critical role.”

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