What for ?
For delivering on
his commitment on expediting the process of granting of Patents
Can you be specific ?
Here is the PATENT REGIME REFORMS journey :
[ A ] 10 YEARS ago :
----------------------
Want
a Patent ? Be patient ! ……………………………….[ 26 Feb 2012 ]
Extract :
No of patent applications pending
…………………………………100,000
Which will
take to clear ………………………………………………….3 years
No of
requests being examined / year ………………………….12,000
Additional
Patent Examiners being trained …………………….250
Which will
help clear no of applications / year …………………40,000
New
requests being received / year …………………………………25,000 +
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 !
[ B
] 7 YEARS ago :
----------------------
Innovation
, a distant dream ? ……………………….[ 18 July 2015 ]
Extract :
No of patents filed last year
* 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
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
> 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
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
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 ,
When I brought this “ State of Affairs “ to notice
of Shri Amitabh Kant, he replied :
From: Amitabh Kant [mailto:amitabhk87@gmail.com]
Sent: Sunday, July
19, 2015 10:49 PM
To: Hemen Parekh
Subject: Re: INNOVATIONS AND PATENTS
Dear Hemen,
Thanks. I am
working on it. Recruiting 1000 additional examiners on war
footing .
Will bring pendency to 6 months in 18 months time.
Ak
Sent from my iPad
This made me send following e-mail to Shri Kant
:
INNOVATIONS
AND PATENTS
Amitabh Kant amitabhk87@gmail.com
Dear
Amitabh ,
This
is indeed heartening !
As
per Patent Office Annual Report ( 2013-14 ), 196 patent examiners managed to " dispose off " ( grant +
refusal ), some 11,411 applications ( 58.2 / examiner / year )
If
this number goes up 6 times ( 200 + 1000 ), may be they could dispose off
36,000 applications in 6 months - as against 42,951 applications filed during
2013-14
I
wish you all luck with such a massive recruitment drive
But
with just ONE employer in the entire country, it would be extremely difficult
to find so many suitable / experienced examiners
I
suppose, Patent Office will, simultaneously launch an equally massive "
Training " program
It may be worth considering outsourcing of preliminary internet-based
search of existing " Prior Knowledge ", without revealing to the
" Subcontracted Party ", any finer details of the applications
with
regards,
hemen
[ C ] TO DAY :
PM
to Start-ups : Don’t just keep your dreams local, make them global /
BL / 16 Jan 2022
Extract :
He highlighted that :
# in 2013-14, 4,000 patents were approved, which rose to
# 28,000 in 2020-21.
Similarly :
# in the year 2013-14, where about 70,000 trademarks were registered,
# in 2020-21 more than 2.5 lakh trademarks have been registered.
Again,
# in the year 2013-14, where only 4,000 copyrights were granted,
# last year their number has crossed 16,000.
The Prime Minister pointed out that India’s campaign for innovation has resulted in improvement
of India’s ranking in Global innovation index where India stood at 81st rank but
now India stands at 46th rank in the
index.
Thanks Amitabh
You have more than
lived up to a commitment that you made to the Nation
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 16
Jan 2022
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