Journal of Intellectual Property Rights

Mamta Bhardwaj ¹, Amandeep Sandhu ¹, Navkiran Ghumman ¹

Affiliations
1 DST-Centre for Policy Research, Panjab University, Chandigarh 160 014, Punjab,, IN

Abstract

Innovation is the key ingredient that drives the economic growth of the nation. Globalization has diminished barriers thereby, delivering a larger market area for these innovations. Countries like USA, China, South Korea, Japan, etc. have acknowledged this fact and are thriving through consistent innovation. They have a dynamic ecosystem that supports and encourages commercialization worthy research and development (R&D) through healthy engagements among the various stakeholders. Higher Education Institutes (HEIs), a vital component of this ecosystem, offer themselves as a cradle of fundamental research and a powerhouse of potential innovations. Countries like USA have banked heavily on their HEIs, such as, Stanford and Harvard, building a sustainable framework around them. Indian HEIs, which have long been in the practice of publication of their technological advancements, are also making the transition towards the patenting system. Although the IP movement at most HEIs in India is still in nascent stages, roots have already been formed at a few select institutes.This paper attempts to provide an overview of Indian HEIs leading in patents granted and their commercialisation status, based on the “Statements of Working filed” on Form-27 at the Indian Patent Office (IPO).

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Mamta Bhardwaj ¹, Amandeep Sandhu ¹

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

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.

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