Accelerating Patent Processing: A Call to Action for Indian Scientists and Policymakers
At the recent 107th Indian Science Congress, Prime Minister Narendra Modi emphasized the importance of innovation and patents through the mantra 'Innovate, Patent, Produce, Prosper.' However, this ambition faces significant obstacles, particularly in the realm of patent processing. According to current Indian patent laws, a patent application can take up to three years to be processed, leaving many scientists and researchers in a state of frustration. This delay poses a significant challenge to the goals set forth by the Prime Minister, suggesting that more must be done to speed up the technological process in India.
The Reality of Patent Processing Delays
The current backlog in patent applications is a pressing issue. A patent application in India may start processing only after a three-year wait from the date of submission. This issue was highlighted by a comment on the cost of patenting: even within India, the cost of obtaining a patent is 25,000 rupees, which is relatively modest. However, the real problem lies in the long wait times, which can significantly impact research and development efforts. Moreover, the cost of patenting abroad can be exorbitant, further complicating matters.
It is alarming to see highly qualified Ph.D. graduates in India applying for positions as peons in the government. This situation raises questions about the current wage structures and reflects poorly on the value placed on scientific talent. Unless the government significantly upsurges the salaries offered to scientists, researchers, and Ph.D. holders, it is challenging to envision these individuals contributing effectively to the nation's scientific and technological advancement. A reasonable wage of at least 50,000 to 100,000 rupees would be necessary to attract and retain top talent.
Strategies for Accelerating Patent Applications
While the current legal framework presents hurdles, there are strategies that can be employed to expedite the patent process. For instance, provisional and complete patent applications can be submitted. Provisional applications, which can be filed rapidly, can provisionally secure patent rights. Following a provisional application, a full application can be filed within 12 months. This approach can help researchers maintain patent rights without incurring the full cost of a complete application.
Remarkably, an expedited examination route is available for certain applicants. This option can significantly reduce the processing time, allowing patent applications to be disposed of within a year. However, it is essential to consider the strategic fit of a patent application with one's business strategy. For instance, if a product is subject to stringent regulatory approval processes, such as a pharmaceutical product, which takes 10-12 years to commercialize, an expedited examination might not be as beneficial as expected.
A Call for Action
Mr. Prime Minister, I strongly encourage you to take action on speeding up the technological process to ensure that India is prosperous. Social media handles can be used to amplify this message widely, engaging a broader audience. Your leadership and decisive action in this area would be instrumental in driving positive change and fostering a competitive edge in the global marketplace. I urge my friends and colleagues to join in sending messages to you, calling for immediate action on this critical issue.
Ultimately, the value of patents lies in their strategic alignment with business objectives. Unless a patent strategy is harmonized with these goals, patents offer little practical benefit. It is time for policymakers to implement measures that accelerate the patent process, ensuring that our brightest minds are not held back by bureaucratic delays.
Let's work towards a future where innovation and prosperity go hand in hand.