India received 61,573 patent applications in 2021.This is a 5.5% rise from the previous year. Almost 43% of the Indian patent applications were local, and filed by resident applicants. This volume of applications is supported by a mere 860 people (including both examiners and controllers) as at March 2022. This might explain the delays faced by applicants in the process of obtaining patents. Although we are the 5th largest economy in the world with even higher ambitions, our rate of innovation remains low, with a less than 10% patent volume as compared to that of countries such as China and the usa.
“Artificial intelligence is able to mimic, at a fast rate, the human ability to compare data between patent applications and existing patents and non-patent publications to discover similarities that examiners can review in searching for prior art. Research and development (R&D) investment is at an all-time high. It’s estimated that worldwide investment in R&D reached USD 2.476 trillion in 2022, driving the continued strong growth in the number of patent applications that is placing the global patent ecosystem, especially patent offices, under strain. The rise in volume and complexity of patent applications can lead to significant delays in granting patents, which results in legal uncertainty, which can stifle innovation, discourage R&D investment, and erode the competitiveness of national economies.”
- Kathy Van Der Herten, Director, Product Management, CAS, a division of The American Chemical Society, Antwerp, Belgium (Patent Office Sustainability and the Role of Artificial Intelligence,WIPO Magazine 2023)
As the world collectively goes through another technological boom in the shape of artificial intelligence, blockchain technology, Non-fungible tokens, the Internet of Things etc:- Patent offices internationally have spent considerable effort in keeping up with new ways of increasing efficiency and have seen gleamingly positive results.
The Japan Patent Office serves as the perfect example. Their in-house development team focused on tools to aid patent classifications, prior art searches and trademark image searches. The positive outcome led to the expansion of the scope of AI application in the filing of patent applications in Japan.
While patent offices around the world have adopted or are in the process of integrating Artificial Intelligence into their patent drafting processes, the Indian Patent office has made no recent moves in this direction. At Least not since 2018 when it expressed its interest in making use of Artificial Intelligence, Blockchain, IoT and other latest technologies in Patent Processing system however no actionable headway seems to have arisen, yet.
In its report titled Review of the Intellectual Property Rights Regime in India (Presented to the Rajya Sabha on 23rd July, 2021) (Laid on the Table of Lok Sabha on 23rd July, 2021) the Parliamentary Standing Committee On Commerce Rajya Sabha Secretariat recommended the integration of artificial intelligence and machine learning technology in addition to increase in manpower. The report recognised the economic and technological benefits of this union.
On similar lines the Controller General of Patents, Designs & TradeMarks Ministry of Commerce & Industry Department of Industrial Policy and Promotion (2018) stated:
“ While the IP communities across the globe are concerned about devising appropriate IP laws to protect these emergent technologies, the true potential of these latest technologies need to be leveraged in the IP regime itself by utilizing their mettle to address issues ranging from inception of a possible IP to its enforcement. “
Policy and procedures in line with these recommendations will lead to a new improved form of encryption of IP which will also allow the widespread propagation of faith in Intellectual property registration by reducing costs of protection against unauthorized usage, allowing monetisation as well as increasing the capability of enforcement of rights.
Speedy and efficient patent granting will also support a surge in imaginative and evolutionary innovation across all fields leading to accelerated change and development around the world. The accessibility to better facilities will allow an increase in the quality and quantity of change that ushers around us through creative minds. In the long run these advancements would help make the process more cost efficient as well.
References
Sanyal, S., & Arora, A. (2022, September 15). Why India needs a larger patent office. The Hindu BusinessLine. Retrieved July 4, 2023, from https://www.thehindubusinessline.com/opinion/why-india-needs-a-larger-patent-office/arti cle65895881.ece
Patent Office Sustainability and the Role of Artificial Intelligence. (2023, january). WIPO. Retrieved July 4, 2023, from https://www.wipo.int/wipo_magazine_digital/en/2023/article_0001.html
Mathew, J. (2022, November 23). Business News, Strategy, Finance and Corporate Insight. Fortune India: Business News, Strategy, Finance and Corporate Insight.
Retrieved July 4, 2023, from
https://www.fortuneindia.com/macro/patent-filings-in-india-go-past-61k-up-55-in-2021-wi po/110489
Government of India Controller General of Patents, Designs & Trade Marks The Patent Office, Boudhik Sampada Bhawan, Sector 1. (2018, August 2). Intellectual Property India. Retrieved July 4, 2023, from https://www.ipindia.gov.in/writereaddata/Portal/Tender/175_1/1_Expression_of_Interest- AI-02-08-2018.pdf
Aggarwal Roy Chowdhury, M. (2023, January). Blockchain and Non-Fungible Tokens: How they are set to advance the world of Intellectual Property Rights. International Journal of Enhanced Research in Educational Development (IJERED), 11(1), 132. https://doi.org/10.55948/IJERED.2023.01021
(n.d.). Major Achievements of the Action Plan to Date. Retrieved July 4, 2023, from https://www.jpo.go.jp/e/system/laws/sesaku/ai_action_plan/document/ai_action_plan-fy2022/pla n_reference.pdf
