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Working/non-Working Status of Patents Granted to HEIs and NRLs in India


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1 DST-Centre for Policy Research at Panjab University, Aruna Chandra Hall, Top Floor, Sector-14, Chandigarh 160 014, India
 

The era of knowledge economy has seen a transition in the business market, from the need to control raw materials towards the protection of ideas, either as tangible or non-tangible assets. These assets may be secured in the form of various intellectual property (IP) instruments such as patents, know-how or technologies. These IP instruments (patents) not only give the IP owners (patentees) a monopoly over the use of their ideas/inventions, but also mandate them to commercially exploit the same for the benefit of the population at large. While economically developed countries (like China, USA, South Korea, Japan, etc.) appreciate this fact, developing countries like India are yet to make their mark in this transition; thus it is imperative to evaluate the IP landscape of the country. It is well acknowledged that major contributors to fundamental research in any country are the higher educational institutions (HEIs) and national research laboratories (NRLs). Hence, this study evaluates the patent commercialization ecosystem of Indian HEIs (351) and NRLs (553) for the period January 2010 to December 2017, based on the working statements filed by the patentees/assignees in the prescribed Form-27 at the Indian Patent Office.

Keywords

Granted Patents, Higher Educational Institutions, Knowledge Economy, National Research Laboratories.
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  • SCImago, SJR–SCImago Journal and Country Rank, 2018; https:// www.scimagojr.com/countryrank.php (accessed in November 2019).
  • Property Rights Alliance Report, International Property Rights Index, 2019; https://internationalpropertyrightsindex.org/countries
  • GoI, National Intellectual Property Rights Policy, Department for Promotion of Industry and Internal Trade, Government of India, 2016.
  • CIPAM, Model guidelines on implementation of IPR policy for academic institutions, Cell for IPR Promotion and Management, New Delhi; https://dipp.gov.in/sites/default/files/Draft_Model_Guidelines_on_Implementation_of_IPR_Policy_for_Academic_Institutions_09092019.pdf
  • GoI, National Education Policy, Ministry of Human Resource Development, Government of India, 2020.
  • Tewari, R. and Bhardwaj, M., Mapping Patents and Research Publications of Higher Education Institutes and National R&D Laboratories of India, ISBN 81-85322-67-8, Punjab University, Chandigarh, 2018.
  • Indian Patent Advanced Search System (InPASS); http:// ipindiaservices.gov.in/publicsearch/ (accessed from August to October 2019).
  • Intellectual Property India, The Patents Act, 1970; http:// www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_31_1_patent-act-1970-11march2015.pdf
  • Form-27, The Patent Act, 1970 and The Patent Rules, 2003, Statement regarding the working of the patented invention on commercial scale in India; http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_39_1/form-27.pdf
  • Singhai, A. and Singhai, M., A study of Natco vs Bayer case: its effect and current situation. MIT Int. J. Pharm. Sci., 2016, 2(2), 21–23; ISSN 2394-5338 (Print); 2394-5346 (online).
  • Kankanala1, K. C., Diagnostic method patent model – patent incentives and socio-ethical concerns. J. Int. Prop. Rights, 2007, 12, 104–110.
  • Controller General of Patents, Designs and Trade Marks, Annual Report 2018–19, GoI.
  • Han, J. and Lee, H. J., A study on patent trust system in Korea. J. Intellect. Prop. Rights, 2016, 21, 27–37.
  • Sinha, R., Patent insurance: a roadmap. J Intellect. Prop. Rights, 2014, 19(6), 387–394.

Abstract Views: 375

PDF Views: 134




  • Working/non-Working Status of Patents Granted to HEIs and NRLs in India

Abstract Views: 375  |  PDF Views: 134

Authors

Mamta Bhardwaj
DST-Centre for Policy Research at Panjab University, Aruna Chandra Hall, Top Floor, Sector-14, Chandigarh 160 014, India
Amandeep Sandhu
DST-Centre for Policy Research at Panjab University, Aruna Chandra Hall, Top Floor, Sector-14, Chandigarh 160 014, India

Abstract


The era of knowledge economy has seen a transition in the business market, from the need to control raw materials towards the protection of ideas, either as tangible or non-tangible assets. These assets may be secured in the form of various intellectual property (IP) instruments such as patents, know-how or technologies. These IP instruments (patents) not only give the IP owners (patentees) a monopoly over the use of their ideas/inventions, but also mandate them to commercially exploit the same for the benefit of the population at large. While economically developed countries (like China, USA, South Korea, Japan, etc.) appreciate this fact, developing countries like India are yet to make their mark in this transition; thus it is imperative to evaluate the IP landscape of the country. It is well acknowledged that major contributors to fundamental research in any country are the higher educational institutions (HEIs) and national research laboratories (NRLs). Hence, this study evaluates the patent commercialization ecosystem of Indian HEIs (351) and NRLs (553) for the period January 2010 to December 2017, based on the working statements filed by the patentees/assignees in the prescribed Form-27 at the Indian Patent Office.

Keywords


Granted Patents, Higher Educational Institutions, Knowledge Economy, National Research Laboratories.

References





DOI: https://doi.org/10.18520/cs%2Fv120%2Fi1%2F34-42