Patent law of India has been in existence for a considerable long period of time. It has also been amended from time to time to incorporate the requirements of contemporary times, technology and international treaties.While patent law of India is well established, India is lagging behind in the field of innovation and administrative efficiencies. This is resulting in a declining numbers of patents applications in India.
As per the latest annual report 2009-10 of the intellectual property office India, the number of patents applications filed has decreased as compared to previous years’ applications. India has also slipped to the 62nd position in the global innovation index. Further, although India is a member of patent cooperation treaty (PCT) yet it has still not been able to utilise it to maximum possible extent.
Some other issues that have to be taken care of by Indian patent office (IPO) pertains to software patents, challenges from software patents trolls, working of pharmaceuticals patents, regulation of patents trolls, etc.
On the positive side, India is planning to confer utility models protection to Indian innovators. Similarly, the efforts to digitalise the patent documents by IPO, recognition of the IPO as an International Search Authority (ISA) and International Preliminary Examining Authority (IPEA), etc are also positive developments.
Let us see how Indian patent regime would proceed from this juncture.
