Patents Registrations In India Are Declining

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.

Software Patents In India And Their Registrability

Patent Law of India is well established. For a considerable long period of time it was primarily based upon Indian Socio Economic conditions. With the signing of Trade Related Intellectual Property Rights (TRIPS) Agreement, Indian Patent Act, 1970 was also amended accordingly. One major change was allowing Product Patents for Patentable Pharmaceuticals in India.

After India signed the TRIPS Agreement, an Ordinance to bring necessary changes in the Patent Law of India was passed. The Ordinance also incorporated a provision that allowed granting of Software related Patents. In fact, on the basis of such Ordinance, many Software related Patents were granted by the Patent Office of India.

While the Patents Ordinance had allowed such Patenting, the final Patent Amendment Bill passed in Parliament of India in this regard dropped the clause that allowed Patenting of Software-related inventions. So as on date, granting of Patent for Software per se is not allowed in India.

However, this has not deterred the Software patent Trolls in India from claiming Patent Rights in the same. This is happening because there is a general lack of awareness about Patent Trolls and their Regulations in India. Thankfully, the mainstream press is turning against such Software Patents and their Trolling exercises.

India is not granting any Software Patent per se as per its Laws and any person or institution claming the same is not entitled to any such protection in India. Any Software Patent infringement claim must be thoroughly analysed and fiercely fought against at all appropriate forums in India.

Utility Models Protection In India

Intellectual property rights in India (IPRs in India) consists of copyright, patents, trademarks and domain name, design, geographical indications, trade secrets, etc. As far as patents are concerned, Indian Patent Act, 1970 governs the patents protection in India.

With the growing innovation, IPRs in general and patents in particular required a different outlook and protection. The technological issues of IPRs in India need to be kept in mind while formulating and amending the IPRs laws of India.

These would require not only ICT skills development in India but also techno legal IPRs skill development in India. Further, existing innovative inventions must also be protected in one form or other. Utility models protection can fill this much needed requirement.

Although utility models protection is available in many countries of the world, India is not extending any such protection. This is despite the fact that the utility model framework is well recognised in international treaties and conventions relating to intellectual property. However, protection of utility models has not been specifically mandated in the TRIPS Agreement and each country has freedom to limit the scope of protection depending upon its national policies.

Utility models protection would greatly help small, medium and rural sector industries and innovators. However, it needs a legal framework to be effective and implementable. The Department of Industrial Policy and Promotion (DIPP) has been seriously considering this issue and public inputs can be provided to it in this regard.

Technological Issues Of IPRs In India

Intellectual Property Rights in India (IPRs in India) are well known and sufficiently protected. However, there are certain fields that are not only unknown to IPR professionals but are also well beyond the capabilities of these professionals.

For instance, there are very few Professionals, Firms and Institutions that can provide Techno Legal IPR Services in India. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we provide the Exclusive Techno Legal IPR Services in India. Further, PTLB is also the Exclusive Techno Legal LPO and KPO Services Provider of India.

Further, issues like Domain Name Protection In India requires domain specific expertise. Similarly, Cyber Crimes are affecting Trade Secrets in India and World wide and to effectively tackle the same, one must have good Techno Legal Skills. Patent Law of India would also change in future and it would require Techno Legal Acumen to deal with future Patent related IPR issues in India.

Copyright Law of India needs urgent amendments. Although Indian Copyright Act is due for amendments yet Digital Issues of Indian Copyright Act 1957 are yet to be addressed by Indian Legislature. The Copyright Amendment Bill 2011 of India would be introduced very soon but it is still far from perfect to cover these issues.

In short, Techno Legal Issues of IPRs in India have not yet been addressed properly. Keeping in mind the importance of these issues it would be appropriate if immediate action is taken by Indian Government in this regard.