Recently, Indian Prime Minister Narendra Modi said the government had granted 28,000 patents in just one year, while declaring January 16 as the ‘National Startup day’.
Analytic patents are on the rise in India. A 2019 Nasscom report titled, Emerging Technologies: Leading the next wave of IP Creation for India, stated, during 2015-2018, Indian startups filed 200 patents in the US the majority of them in the field of emerging technologies such as Image Processing, AI, Cyber Security, Vehicle Technology and IoT. From 2015 to 2018, Indian companies have filed over 4,600 patents in the US, of which 64.8% are technology patents.
Rakesh Prabhu, an Intellectual Property Counsel & Registered Patent Agent from Bengaluru, said Section 3(k) of the Indian Patents Act, 1970 does not allow patenting in India as the law does not consider it as an invention. “Most of my clients are aggrieved that they are not able to get their research/innovation patented in India. Our firm helps clients to get patents through a company in the US,” he added.