ARTICLE
20 February 2025

The Surge In Intellectual Property Filings In India: A New Era Of Innovation

Ka
Khurana and Khurana

Contributor

K&K is among leading IP and Commercial Law Practices in India with rankings and recommendations from Legal500, IAM, Chambers & Partners, AsiaIP, Acquisition-INTL, Corp-INTL, and Managing IP. K&K represents numerous entities through its 9 offices across India and over 160 professionals for varied IP, Corporate, Commercial, and Media/Entertainment Matters.
India is experiencing a remarkable surge in Intellectual Property Rights as it positions itself as a global innovation superpower.
India Intellectual Property

Introduction

India is experiencing a remarkable surge in Intellectual Property Rights as it positions itself as a global innovation superpower. This sudden rise includes patents, trademarks, industrial designs, and other areas of intellectual property. As stated in the most recent annual report published by the Indian Ph3>Current Landscape of IP Filings in India

India, according to WIPO, registered more than 64,480 patents-the sixth-highest in the world- in 2023 alone. A whopping 15.7% growth rate accompanies the phenomenon, constituting continuing growth by double digits for five years already. Besides, the number of domestic applications for patents has crossed the 55% mark for the first time in the history of Indian patentings, revealing the economic side of IP imposition: something that falls within the tenets of the local innovation policy for sure.

In 2023, India's patent applications shot up by the enormous number of 149.4% due to a huge gap in granted patents from the preceding year. The country stands fourth in trademark filings worldwide, and above 90% of all applications for trademarks in the country itself come from domestic sources. In the same year, applications for industrial designs proliferated by an overwhelming 36.4%, rapidly demonstrating a new emphasis on the design and creativity of products as well as innovative dispensation through varied sectors. This upward trajectory shows not only increased activity but also the thus-far growing maturity of the Indian innovation ecosystem.

Factors Driving the Surge

In India, many such factors are interlinked that make IPR filings rise at such an increased rate. Innovation has been one of the many boons of the thriving ecosystem that evolved during the last 10 years. The mushrooming of startups and betterment in technology seems to have

produced a perfect setting for innovation. The government is also doing much to encourage this spirit of innovation within the general public by promoting "Atmanirbhar Bharat" or self- reliance and indigenous manufacturing, which has heightened the number of entrepreneurs and businesses that are finding IP protection for their innovations.

Further, the various policies and initiatives which have been carried out by the government in order to enhance awareness of IPs and to simplify the registration process will also contribute toward realizing recognition for IPR awareness in India. The National IPR Policy launched in 2016 has had provincial importance in this regard. This policy also includes integration of all the different forms of intellectual property and enhancing access to the already existing IP services to create an optimal environment for innovation.

Brought about by government initiatives, a third significant contributing factor is increased awareness among businesses about how crucial IP is in protecting their intellectual property. Organizations nowadays view IP not as a legal requirement but as an essential asset for sales development. Among the advantages of emphasizing strong IP protection is market share expansion and customer loyalty, which in turn drive the need to file patents and trademarks.

Instead, the effect of the globalization of markets has impacted heavily on the increase in IPR filings. As Indian companies expand their outreach to global markets, they have needed to regard their innovations globally. This globalization is pushing the majority of my business partners to file their patents not only within my country but also in foreign law systems with the view of safeguarding their interests.

IPR filings would increase their ownership as a result, and high technological innovations play a big role in that. A fast-growing set of innovations in artificial intelligence (AI), biotechnology, and currently renewable energy has caused the emergence of new inventions that need protection. As the spheres keep evolving, businesses get more and more aware of how essential adequate IP strategies are.

Implications for stakeholders

Now indeed, this surge of IPR filings holds enormous consequences for various stakeholders connected to the innovation ecosystem. More IP filings mean greater opportunities for commercialization for innovators and entrepreneurs. Besides, IP protection has a positive effect

on funding prospects, as investors usually look at company's solid IP portfolios before committing capital.

As for companies, the leverage of IP assets facilitates a stronger presence on the market. A well-protected brand is likely to generate higher customer loyalty and drive market share up. Also, they can monetize their IP resources through licensing deals or partnerships, thus creating additional revenue streams.

Research institutions as well could benefit from this rising trend because it would increase cooperation with industries that are also looking to commercialize their outputs from scientific research. Institutions foreseeing the need for protection of their innovations may leverage partnerships for successful commercialization.

Eventually, it will benefit consumers. Ultimately, however, in an environment of tight IP rights, business competitiveness would drive most corporations to strive to develop even better product or services, thereby raising the standard for commercial goods. This all builds for a better quality item and then lower market prices across the two different marketplaces.

Challenges Ahead

Several challenges remain as well to the optimistic trend, which can potentially affect the future landscape of IPR in India. One glaring challenge is the not so distant patent application backlog of the Indian Patent Office. While attempts are being made to reorganize and cut off the cycles, these backlogs can further dampen timely protection for first-movers in innovation eager to protect their inventions as soon as possible.

Enforcement remains the other big hurdle in the legal framework of IPR in India for the mere fact that there exist laws to safeguard intellectual property rights but hefty enforcing mechanisms are crucial to prevent infringement and make sure inventors can derive benefits from their creations without the fear of unauthorized use.

Another area to be considered is public awareness about IPR issues. The heightened awareness levels on intellectual property rights among the larger business community as well as established entrepreneurs have left small businesspersons, and even more so among individual creators, bereft of knowledge or financial resources required for effective protection of their intellectual property.

Conclusion

India has been observing a significant increase of intellectual property filings over the last few years, thus marking not just an interesting chapter in the annals of this country as it evolves into a global innovation hub. Culminating in the recognition by more individuals and companies of the advantages of securing their imaginations over the years, we can anticipate persistently strong growth in this sector.

India presages times when there will be proper achievements in innovating under the pretty expansive covering of IP setting the stage through helpful governmental policies and a rising entrepreneurial landscape with raising IPR awareness. Yet, it is imperatively important that the time of application processing up to enforcement challenges be the territory to work and achieve something under such a process.

As we move into this new era of innovation, everyone-innovators, business, research institution, policy maker-must work in effective cohesion towards crafting crucial IP-protective realms where the right of creativeness is not only to be recognized and maximized, but also enforcement.

In particular, the country's new pace of filing patents in India is transforming into a real area where innovation within every sphere of society will increase.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More