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Significance and Factors Hampering Patents Commercialization in India


Affiliations
1 DST-Centre for Policy Research, Panjab University, Chandigarh — 160 014,, India
 

As per the Patents Act, 1970 one of the patentability criteria is ‘the invention should have industrial application’. The patents’ rights conferred to the patentee are merely not to enjoy the monopoly over the invention, but the patentee has to ensure the use of technology for the societal and economic benefit of the country. Once the patent is granted, the patentee has to ensure the working of the patent in India on a commercial scale. In return, the patentee gets his due amount for his hard work and efforts rendered for the intellectual creativity. Current paper focuses on the working/non-working profile of the patents granted to Indian Higher Education Institutes (HEIs) and National Research Labs (NRLs) in the country from January 2010 to December 2017. The data has been procured from the prescribed ‘Form-27’ by the Indian Patent Office, which the patentee is required to file every year before the end of financial year, post grant of the patent. The research depicts in how many patentees submitted requisite ‘Form-27’, and in how many cases patents granted, worked or didn’t work. Moreover, various reasons cited for the non-working of the patents have also been identified. The issues being encountered with by the patentees have been identified and measures thereof required to be taken, at the individual level, institutional level and government level, have also been suggested.

Keywords

Form-27, Working/Non-Working Patents, Licensing, Compulsory Licensing.
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  • Significance and Factors Hampering Patents Commercialization in India

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Authors

Mamta Bhardwaj
DST-Centre for Policy Research, Panjab University, Chandigarh — 160 014,, India
Amandeep Sandhu
DST-Centre for Policy Research, Panjab University, Chandigarh — 160 014,, India

Abstract


As per the Patents Act, 1970 one of the patentability criteria is ‘the invention should have industrial application’. The patents’ rights conferred to the patentee are merely not to enjoy the monopoly over the invention, but the patentee has to ensure the use of technology for the societal and economic benefit of the country. Once the patent is granted, the patentee has to ensure the working of the patent in India on a commercial scale. In return, the patentee gets his due amount for his hard work and efforts rendered for the intellectual creativity. Current paper focuses on the working/non-working profile of the patents granted to Indian Higher Education Institutes (HEIs) and National Research Labs (NRLs) in the country from January 2010 to December 2017. The data has been procured from the prescribed ‘Form-27’ by the Indian Patent Office, which the patentee is required to file every year before the end of financial year, post grant of the patent. The research depicts in how many patentees submitted requisite ‘Form-27’, and in how many cases patents granted, worked or didn’t work. Moreover, various reasons cited for the non-working of the patents have also been identified. The issues being encountered with by the patentees have been identified and measures thereof required to be taken, at the individual level, institutional level and government level, have also been suggested.

Keywords


Form-27, Working/Non-Working Patents, Licensing, Compulsory Licensing.

References