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India has a very old reputation when it comes to innovation.
In other words, it lacks behind from other countries when it comes to innovation and patent filling process. According to some reports, if there has been 6,00,000 filling of applications in the US and patent filling in India was around 46,600 out of which only 12000 were granted the patents right. The two most important ingredient for patent which paves it's path is research and fundings.Indian companies and startup if they want to increase the inventiveness of our country needs to focus more on Research and development.
Even when it comes to the Awareness of filing of patents in India. It is very low. According to some reports India spend only 0.7% of their GDP on research and development which needs to be increased to at least 2% by 2022. Patent filing is more dominated by the foreign applicants in our country.
According to some survey, an American company Qualcomm has filed numerous patents and have been granted so many patents in India. Which is more in number to the Indian companies like TCS,who has less number of filing of patents and less number of grants of patents. India after coming in with the agreement with TRIPS made changes to few of it's policies. Where it increased the term of patent 5-7 years for some category and 14 for others exceeding to 20 maximum.
Inventors can patent the same product in multiple countries based on their commercialization. It can get protection in 150 countries by filing a patent cooperation treaty application. Which allows the companies and other institutes a period of 30 months to file patents in country of their choice. But filing patent abroad takes a lot of money or expense.
If the same patent is filed in India for a sum of say 25,000 if a person tries to file patent in some other country overseas it may take several lakhs. India takes a lot of time to grant a patent. The major reason people don't go for patent rights in India is because it takes a lot of time for filing and grant of patent in India. So that is why most of the researchers instead of getting their work patented, publish their works in journals.
Because patent grant in India takes almost 64 month in India whereas in other countries like Europe and china it takes only 22 months, according to WIPO. OP Gupta the India’s Controller General of Patents, Designs and Trade Marks, says “The grant period in 2015 was 84 months. In the next two years, we plan to bring it down to 36 months.”
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