A Surge in Innovation: Government Initiatives and Amendments Fuel India’s Patenting Landscape
Aligned with India’s governmental priorities and the strategic directions of the Ministry of Industry and Commerce, the Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patents, Designs, and Trade Marks (CGPDTM) are driving a renewed focus on innovation and patenting within the country.
Recent revisions to the Bio Diversity Act (2023) and the forthcoming Biodiversity Rules (October 2024) are projected to invigorate the domain of research and innovation in indigenous natural products, plant-based remedies, and biologicals, thereby significantly benefitting Indian scientists and inventors.
Indian inventors have demonstrated an upward trajectory in patent filings over the years. A surprising rise with 82,800 patent applications filed in India in 2023 compared to 66,400 in 2022 represents a 25% increase in patent activities, signaling a pivotal era for innovation in India.
Prominent universities, including Lovely Professional University, Chandigarh University, Jain University, Galgotias University, Teerthankar Mahaveer University, SRM University, and Saveetha School of Engineering, alongside Indian Institutes of Technology (IITs), Indian Institute of Science (IISc), Council of Scientific and Industrial Research (CSIR) institutes, and the Institute of Chemical Technology (ICT), are front runners in filing, safeguarding, and licensing patent-worthy research.
As patent filings and grants grow progressively each year, India has proudly ascended to the 6th global position with around 70,000 patent applications last year, although countries such as China, the USA, Japan, European Nations, and South Korea outperform. Nonetheless, there is a noticeable surge in domestic filings, propelled by a vibrant startup ecosystem and emerging unicorns.
While strides in fields like computer science, engineering disciplines, biotechnology, chemistry, pharmaceuticals, biomedical engineering, communication technologies, automotive advancements, and artificial intelligence (AI) are commendable, there exists a gap in patent filings relevant to herbal treatments, natural products, nutraceuticals, and biological ingredients.
India keenly engaged in patent ventures after the WTO-TRIPs agreements; however, the 2002 Biological Diversity Act and the 2004 Biological Diversity Rules initially posed hurdles for patents in these sectors.
The Convention on Biological Diversity (CBD)—with 196 endorsing countries—sought sustainable development and protection for biodiversity contemporaneous to the Uruguay Round, leading to WTO and TRIPs agreements. In an ambitious move, India enacted its Biodiversity Act in 2002 and subsequent Rules in 2004 before other nations.
Under the guidance of Dr. M.S. Swaminathan, architect of India’s BD Act, and then Minister Murasoli Maran, Chennai was set as the headquarters for the National Biodiversity Authority. Originally, the BD Act and Rules, with stringent benefit-sharing mandates, were perceived as obstacles to innovation, patents, and commercialization efforts for Indian researchers.
Following substantial advocacy to the Government of India, especially appealing to the Prime Minister, crucial amendments were introduced in the Biological Diversity (Amendments) Act 2023 and the Biological Diversity (Amendments) Rules 2024. Effective December 2024, these will enhance opportunities for Indian inventors to excel in research surrounding native botanicals and biologicals.
Key Amendments Include:
- Streamlined Applications: Applications for commercial use or bio-surveys only require submission via the Authority’s web portal.
- Revised Processes: Simplified regulations for transferring research outcomes to foreign nationals, ensuring smoother international collaborations.
- Prior Approvals: Realigned procedures for obtaining intellectual property rights and commercialization privileges, promoting easier navigation for patentees.
- Exemptions and Monitoring: Indians are exempt from benefit-sharing, and regulatory measures have been bolstered to ensure ethical use of foreign-origin biological resources.
These regulations mark an ambitious shift, freeing Indian researchers from prior financial benefit-sharing requirements. Only when foreign entities are involved do these stipulations apply, facilitating greater freedom for exploration and innovation leveraging India’s plant and natural resources.
(Source: Ministry of Environment, Forest, and Climate Change)
(Authored by: Managing Partner, Gnanlex Associates LLP)