Policy Update
Sreeja Mukherjee
Background
After India joined the World Trade Organization (WTO) framework in 1995, the country’s strategic response to the changing global intellectual property landscape was the Patent Facilitation Programme (PFP). Established by the Department of Science and Technology (DST), the program operates through the Patent Facilitation Centre (PFC) at the Technology Information, Forecasting and Assessment Council (TIFAC), marking a pivotal shift in India’s approach to intellectual property rights (IPR) protection.
The program emerged from the recognition that India’s IPR ecosystem, while not entirely new, required significant strengthening to meet international standards and leverage the opportunities presented by global trade agreements. With four-fold objectives, the PFP aims to integrate patent information into R&D promotion, provide comprehensive patenting facilities to scientists and technologists, monitor IPR developments for policy guidance, and create widespread awareness through educational initiatives.
The program’s infrastructure spans 24 Patent Information Centres (PICs) established at State Councils of Science and Technology and 84 Intellectual Property Cells in Universities (IPCU), creating an extensive network that reaches researchers and innovators at the grassroots level. This decentralized strategy guarantees that inventors throughout India’s heterogeneous institutional and geographic landscape can access IPR support.
Functioning
To guarantee that patent applications are thoroughly examined and handled by professionals, the Patent Facilitation Program uses a methodical, multi-phase methodology. Inventors start the process by sending the PFC team formal letters and in-depth descriptions of their innovations. Following this initial submission, PFC specialists perform a thorough patentability review, analyzing the invention’s inventive step, novelty, and industrial usefulness.
For doing thorough prior art searches, the program makes use of both free and commercial patent databases, such as ipindia.nic.in, wipo.int, and uspto.gov, as well as specialized resources like the Derwent Patent Index. After doing these searches, PFC specialists speak with inventors to get explanations and to distinguish their work from previously published works and patents. Only truly original inventions move on to the next round through this cooperative approach.
A crucial component of the functioning mechanism is the committee-based evaluation system, where authorized experts review inventions and make recommendations for filing. Approved applications are then forwarded to empaneled attorneys who draft and file patent applications with the Indian Patent Office or international patent offices. The PFC maintains oversight throughout the process, reviewing draft specifications, managing payments, and providing legal backing through associated legal firms.
With intentions to create web-based management information systems to improve monitoring capabilities, streamline operations, and include training and workshop activities into an all-inclusive database management system, the program has also acknowledged the need for technological modernization.
Performance
The Patent Facilitation Program has supported India’s innovation ecosystem with notable quantitative accomplishments during the course of its 27-year operation. PFC has helped file 1,192 patent applications in India and 91 applications abroad between 1995–1996 and 2022–2023, making a significant contribution to India’s portfolio of intellectual property.
Notable trends may be seen in the program’s performance history, with peak filing periods in 2006–07 (92 Indian applications) and 2010–11 (105 Indian applications). Performance in recent years has been inconsistent, with 52 Indian applications recorded in 2018–19, a significant lapse in 2019–20, and a subsequent rebound with 33 applications in 2020–21, 17 in 2021–22, and 37 in 2022–23.
Grant rates have been particularly encouraging, with the program achieving consistent patent grants across multiple jurisdictions. Between 2011-12 and 2022-23, PFC-facilitated patents have secured grants in India and the United States, the European Patent Office, China, Korea, and Australia, demonstrating the international quality and commercial potential of supported innovations.
The program has made a significant financial commitment; in FY 2018–19 alone, 24 Patent Information Centres received Rs. 6.5 crore. Given the government’s ongoing dedication to IPR development, the Standing Finance Committee suggested continuing with a budget of Rs. 17 crores for the 2017–2020 timeframe.
Institutional diversity has been a notable strength, with the program supporting patent applications from various premier institutions, including IITs, central universities, and state-level research organizations, creating a broad-based innovation support ecosystem.
Impact
India’s innovation environment has been greatly improved by the Patent Facilitation Programme, which has raised IPR awareness among academics and institutions and increased patent filing rates quantitatively. The program has effectively democratized access to patent filing services for government research and development organizations and academic institutions that might not otherwise have the resources for comprehensive IPR protection.
Beyond numerical achievements, the program has established a robust knowledge transfer mechanism through extensive training and awareness initiatives. During 2018-19 alone, over 400 scientists, technologists, academicians, and industry professionals participated in IPR awareness workshops, creating a multiplier effect in IPR consciousness across the research community.
Prominent milestone accomplishments, such the registration of Geographical Indications like Kodaikanal Garlic, demonstrate how adaptable the approach is in safeguarding a variety of intellectual property. This more comprehensive approach to IPR protection has promoted contemporary innovation while assisting in the preservation of traditional knowledge.
Most importantly, the curriculum has changed to reflect current issues. By assigning PFC the task of marketing issued patents, DST will change its strategy from filing-focused to market-oriented intellectual property management in 2023–2026. This development shows how flexible and sensitive the program is to the evolving demands of the innovation ecosystem.
Emerging Issues
A number of significant obstacles have surfaced in the execution and reach of the program:
- Limited Digital Integration: Despite its goals for technical advancement, the program’s efficacy and accessibility for modern researchers may be limited by its brittle digital infrastructure.
- Commercialization Gap: Although the program is excellent in filing patents, improved industry cooperation and commercialization support systems are needed to get from granted patents to products that are ready for the market.
- Regional Disparities: The concentration of successful applications in certain institutions and regions suggests potential program access and awareness inequities.
- International Filing Limitations: The relatively low number of international patent applications (91 vs. 1,192 domestic) indicates missed global market opportunities for Indian innovations.
- Sustainability Concerns: Long-term financial sustainability and institutional capacity building remain ongoing challenges, particularly for state-level PICs and university IPCUs.
Recommendations for stakeholders include:
- Government: Enhancing digital infrastructure and increasing budget allocation for international patent support.
- Institutions: Developing dedicated IPR cells and encouraging researcher participation in awareness programs.
- Industry: Collaborating with PFC for technology transfer and commercialization initiatives.
- Researchers: Prioritizing IPR considerations in research planning and taking proactive steps to interact with PFC services.
Way Forward
In order to satisfy the needs of a continuously evolving innovation environment, the Patent Facilitation Program must adapt its traditional strengths in supporting patent filings. The project has made a major macro-level contribution to the development of India’s intellectual property infrastructure by creating awareness levels and institutional frameworks that form the basis for long-term innovation growth.
In order to speed up the patent application process while maintaining quality standards, the program must adopt a more comprehensive approach to digitization and develop user-friendly technology. India’s larger objectives of converting research into economic value and global competitiveness are logically advanced by the focus on commercialization.
A more thorough approach to the development of the IPR ecosystem is suggested by the program’s integration with new initiatives such as the Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP). The program is positioned as a major facilitator of India’s innovation aspirations due to its comprehensive vision and well-established institutional network.
The program’s success in the upcoming years will hinge on its capacity to strike a balance between its core goal of democratizing patent access and the changing demands of a knowledge-based economy. This would ensure that India’s innovators are equipped to protect their intellectual property and use it to advance the nation’s economy and position it as a technological leader in the world.
References
Department for Promotion of Industry and Internal Trade. (2023). Scheme for facilitating start-ups intellectual property protection (SIPP). Government of India. https://ipindia.gov.in/writereaddata/Portal/News/885_1_approved_SIPP_scheme.pdf
Department of Science & Technology. (n.d.). Patent facilitation programme (PFP). Government of India. https://dst.gov.in/patent-facilitation-programme-pfp
Indian Institute of Intellectual Property Research and Development. (n.d.). Schemes, policies and programmes for patent facilitation. https://www.iiprd.com/schemes-policies-and-programmes-for-patent-facilitation/
Technology Information, Forecasting and Assessment Council. (n.d.). Patent facilitation programme (PFP): At a glance. Department of Science & Technology, Government of India. https://www.tifac.org.in/index.php/programmes/admin-finance/patent-facilitation-center2
Official Programme Links:
About the Contributor
Sreeja Mukherjee is affiliated with IMPRI as a Research Intern and pursuing Master’s in International Electoral Management and Practices at TISS, Mumbai.
Acknowledgement
The author extends sincere gratitude to Dr. Arjun Kumar and Aasthaba Jadeja for their invaluable guidance and support.
Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.
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