Page 1 of 7

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 09

August 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 1

Patenting: Global Trends and India

Mnisha Shoor

Assistant Professor of Economics,Govind National College, Narangwal,Ludhiana,Punjab

(Email id -mnisha123@yahoo.com)

ABSTRACT

Patents are an excellent source of

information and give exclusive rights to the

inventor for a specific period to appropriate

research benefits. It is particularly beneficial

for the developing countries like India that

have low R&D investment intensity. The

patent reform of 2005 introduced product

patents in all fields of science, including

pharmaceuticals, drugs, chemicals and

agriculture that were not under product

patent regime earlier. Protection and

commercialisation of patents encourage

knowledge creation, innovation and

contribute to higher productivity growth. In

this paper, we have analysed the trends in

patenting activity in different fields in India

as well as global patenting trends.

KEYWORDS: Patents, R&D, Global trends,

Trademarks, Companies

INTRODUCTION

An invention relating to a product or a

process that is new, involving inventive step

and capable of industrial application can be

patented in India. However, it must not fall

into the category of inventions that are non- patentable as provided under Section 3 and 4

of the (Indian) Patents Act, 1970. In India, a

patent application can be filed, either alone or

jointly, by true and first inventor or his

assignee.

OBJECTIVE OF STUDY

The present study seeks to achieve following

objectives :

 To study the concept of patenting at world

as well as India level

 To evaluate the global trends of patenting

since last few years

 To analyse the trends in patenting activity

in different fields in India

RESEARCH METHODOLOGY

In order to achieve the stipulated objectives of

present research, the data on patenting

activities were taken from the World

Intellectual Property Organization (WIPO)

and the Indian Patent Office (IPO). The

WIPO maintains a global database of patents,

while the IPO maintains data related to

patents in India. Information covering entries

such as patent applications filed, number of

patents granted, total counts by filing office,

total residential and non-residential

applicants, patents grant by fields of

technologies, etc., were taken from the IP

database of WIPO.

To have more accuracy and rigorous

analysis of research study, the tabular and

functional analytical dots were used. The

pictorial representation of results has done in

the forms of pie charts and bar graphs.

A. Global Patenting Trends

In order to comply with the TRIPS (Trade

Related Aspects of Intellectual Property

Rights) agreement, Indian patent regime has

been made stronger . The information and

knowledge of trends in patents can also be

Page 2 of 7

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 09

August 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 2

used for technology forecasting and policy

formulation.

The number of patent applications filed and

granted in the world has depicted increasing

trends during the period 1985-2012. The

number of patent applications filed and

granted was 9,21,715 and 3,97,580,

respectively in 1985, and these increased to

23,47,700 and 11,34,500, respectively in

2012. The patent filing remained more or less

constant during 1985 to 1995, but increased

significantly after the TRIPS agreement in

1995. The average annual number of patent

applications filed in the world during

19851994 was 9,60,392, which increased to

15,95,950 in the post-TRIPS period (1995-

2012). The number of patents granted before

TRIPS agreement (1985-1994) was 66,06,596

and it doubled in the post-TRIPS period

(1995-2012). The average annual patent

grants during 1985-1994 was 3,92,459, while

in the post-TRIPS, it increased to 6,79,522

patents.

India has made significant changes in the

patenting regime, and has encouraged R&D

system also to protect its IPs. As a result, the

number of patents granted has increased from

1,501 in 1980 to 4,328 in 2012, but it is

negligible in comparison to other countries

selected for the study.

The general global trends for year 2015 could

be summarized as below

 More than 73% of respondents filed

patents in four or more countries (up from

62% filing into four or more in 2015).

 Overall patent activity and international

filing rates rose in 2016 with over 41%

filing more than half of their patent

applications overseas in 2016 (compared

to just 34% last year).

 First time filing jurisdictions included

Mexico, South Africa, Australia, Turkey,

Brazil and India. The overwhelming

majority of those (96%) used the Patent

Cooperation Treaty (PCT).

 The report shows an increase in filing

patent families, as nearly three quarters

filed four or more patent families.

Table 1: patent and trademark filings in one year

2015 filings 2014 filings

Growth

percentage

Patents 2888800 2680900 7.8

Utility Models 1205300 948900 27

Trademarks 8465614 7446226 13.6

Industrial Designs 1144800 1137500 0.6

Source: WIPO Statistics Database, March 2017.

table 1 clearly depicts the comparison and

growth rate of patents, trademarks , utility

models and industrial designs at aggregate

world level. For patents and trademarks, 2015

represented the sixth consecutive year that

applications increased, while applications for

utility models and industrial designs returned

to growth after declines the previous year.

Shares of IP filing activity by

region

A comparative analysis of the total patent

grants in some selected countries, viz. China,

India, North America, Japan and Europe.. The

total patent grants during the period 1980-

1990 were the highest in Europe, but it

showed a declining trend thereafter. After

Page 3 of 7

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 09

August 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 3

1995, the number of patent grants increased

significantly in Japan, reaching the peak in

1996 and then continued to decline until 2004.

However, after 2004, patent grants to Japan

started increasing and in fact, Japan and North

America held the higher number of patents

than any other country. The number of patent

grants in India was very low during this

period. The performance of developing

countries, except China, has not been much

impressive in terms of patent grants.

Table 2: region wise share of IP filing activity

Asia Europe

North

America

Latin

America Africa Oceania

Patents 55.3 24.1 7.9 7.7 2.7 2

Utility

Models 61.9 12.5 21.7 2.3 0.5 1.2

Trademarks 95.6 3.8 - 0.4 0 0.2

Industrial

Designs 55.3 24.1 7.9 7.7 2.7 2

Source: WIPO Statistics Database, March 2017

table 2 shows share of IP filing activity by

region where Asia received the bulk of

world IP. IP offices in Asia received the

highest numbers of applications for

patents, utility models, trademarks and

industrial designs in 2015, including

61.9% of all patent applications

worldwide and other nations just lacked

behind.

TOTAL PATENT APPLICATIONS

Fig 1 represents total patent applications by various nations

Fig 1 depicts total patent applications by

various nations in world.About 2.9 million

patent applications were filed worldwide in

2015, up 7.8% from 2014. Driving that

strong growth were filings in China, which

received about 174,000 of the nearly

208,000 additional filings in 2015.

CHINA

38%

US

JAPAN 20%

12%

KOREA

7%

EPO

6%

OTHERS

17%