Lack of understanding of intellectual property protection and its benefits/utilities are among the key reasons why Indian researchers do not get their innovations patented, says Rodney D. Ryder, patent expert and founding partner of Scriboard, in an exclusive interview. Excerpts:
Why does India lag behind in patenting when it is good in research?
The reason for this is lack of awareness among general members of the public. While we have many researchers and research institutes who regularly develop innovative ideas and concepts, they lack the knowledge -- and up to an extent, perception, too -- to protect such inventions.
There is a general lack of understanding and awareness of intellectual property protection and its utility in India. Even those who apply for patents are not familiar with the complete process and do not have a clear strategy on how to deploy the patents -- commercially or strategically -- for their benefit. An ‘IAM’ or intellectual asset management strategy is the need of the hour.
Why don’t academic/research institutes help students with patents?
The reason again is lack of awareness about patents and intellectual property in general. The institutes do not understand the patent system and are, thus, unable to anticipate the benefits they could gain by assisting inventors in filing patent applications. Unlike in developed countries, where industries and companies regularly license patents filed by research institutions and students, companies and research institutes in India lack co-ordination between themselves. So, institutes are not interested or keen in assisting students in protecting their intellectual property.
What are the major hiccups one faces in India?
While the process for grant of patent and the working of the Indian Patent Office is on a par with other countries… the one major hiccup is that there is a clear lack of knowledge and understanding of the patent system in the country. All stakeholders should come together and attempt to educate all relevant sectors about the patent prosecution process and its benefits.
It is to be noted that the patent system in India and elsewhere in the world largely follow a uniform approach and all patent offices of major countries are networked with each other. Thus, in order to fully tap the potential of the patent system in India, we need to explain the process and benefits of filing a patent application to the relevant sector.
For instance, the pharmaceutical sector has truly understood and tapped the potential of the patent system in India. But information technology companies are yet to fully explore and invest in intellectual property protection through patents.
For which category are maximum patent applications made in India?
According to statistics, electrical engineering is one of the largest research areas under which patents are filed in India. However, we are yet to see the vibrant IT sector make effective use of the patent system. The sector lags significantly behind the pharmaceutical sector....
Is the government not doing enough to encourage young researchers to go in for patents?
In recent years, the government has taken a lot of initiatives to encourage intellectual property protection. For instance, the Start-up India initiative is a commendable example of how the government is attempting to encourage start-ups and entrepreneurs to protect their intellectual property by providing individuals/small businesses and researchers rebates on government filing fees. However, a lot can still be done, and needs to be done, by all stakeholders to encourage more patent filing. One of the solutions is widespread awareness campaigns and training workshops on patents.
Is the cost and time required for patenting a hurdle for researchers?
This is not at all the case. In fact, patent filing costs in India are among the lowest in the world. Moreover, the time limit specified under the Indian patent filing system is consistent with the global patent regime. The biggest hurdle is lack of proper knowledge and information about the patent system and its working.