IPR system in India is not new but only after 1995 when India became part of WTO, IP activities in India assumed greater importance and widespread role at all levels. The eco system of IP consists of IPR laws- old and new, their administering authorities, IP facilitation mechanism, awareness, part of academic schedule in many forms like curriculum, research, professional courses, papers etc., legal system including IPR agents and attorneys, judges, courts, litigators and IP creators including scientists, technologists, authors, musicians, many more, keepers of traditional art, industry who manufacture, services or trade. The establishment of Patent Facilitating Cell (now called Centre) was one of the pioneering efforts of Department of Science and Technology, Government of India.
Patent Facilitating Centre (PFC) was set up at TIFAC by DST with the objective to respond to challenges envisaged after India became part of WTO. PFC was setup with four-fold objectives as mentioned below:
- Introducing patent information as a vital input in the process of promotion of R&D programmes.
- Providing patenting facilities to scientists and technologists in the country for Indian and foreign patents on a sustained basis.
- Keeping a watch on development in the area of IPR and make important issues known to policymakers, scientists, industry, etc.
- Creating awareness and understanding relating to patents and the challenges and opportunities in this area including arranging workshops, seminars, conferences etc.
PFC aims at new heights through its uniqueness residing in its motto of service ‘May I help you’ and being a source of comprehensive information – a single window outlet and remaining innovative in the competitive era. In last 27 years PFC has facilitated filing number of patent applications in India and Abroad.
| S.No. | Years | Number of Patent Applications Filed | |
|---|---|---|---|
| India | Other Countries | ||
| 1. | 1995-96 | 5 | Nil |
| 2. | 1996-97 | 5 | 4 |
| 3. | 1997-98 | 20 | 1 |
| 4. | 1998-99 | 17 | 8 |
| 5. | 1999-2000 | 25 | Nil |
| 6. | 2000-01 | 42 | Nil |
| 7. | 2001-02 | 23 | 29 |
| 8. | 2002-03 | 35 | Nil |
| 9. | 2003-04 | 45 | Nil |
| 10. | 2004-05 | 80 | 3 |
| 11. | 2005-06 | 83 | 8 |
| 12. | 2006-07 | 92 | Nil |
| 13. | 2007-08 | 108 | Nil |
| 14. | 2008-09 | 75 | Nil |
| 15. | 2009-10 | 90 | Nil |
| 16. | 2010-11 | 105 | Nil |
| 17. | 2011-12 | 37 | 6 |
| 18. | 2012-13 | 31 | 1 |
| 19. | 2013-14 | 21 | 18 |
| 20. | 2014-15 | 33 | Nil |
| 21. | 2015-16 | 38 | 1 |
| 22. | 2016-17 | 23 | 9 |
| 23. | 2017-18 | 20 | 3 |
| 24. | 2018-19 | 52 | Nil |
| 25. | 2019-20 | Nil | Nil |
| 26. | 2020-21 | 33 | Nil |
| 27. | 2021-22 | 17 | Nil |
| 28. | 2022-23 till date | 37 | Nil |
| Total | 1192 | 91 | |
Patent facilitation request handling process, steps and functions as given below:
The steps undertaken by the PFC team for assessment of IP filing and finally managing IP portfolio are as follows:
- A write-up on invention and a formal letter from the applicant with a brief description of the invention is required for the PFC team to start the process.
- PFC team conducts the Patentability Assessment based on the write-up received from the inventor. If invention is clear, next step is carried out else discussion is initiated with the inventor by PFC team.
- Patent searches are conducted on requests received for patent filing on free / paid databases such as ipindia.nic.in, wipo.int, uspto.gov, indianpatents.org.in, Derwent Patent Index, STN etc. Once patent search is done, team examines literature search provided by applicant/inventor
- Based on the searches done, questions are framed which are then asked from the inventor.Consequently, inventors are requested to differentiate their invention from the similar literature/patents cited by the PFC team.
- Once appropriate answers are received by the inventor, the invention is presented to Committee authorized to recommend patent filing. The committee rejects or recommends the same for filing.
- Once it is approved based on committee recommendations, it is sent to attorney from its Empaneled Attorneys for drafting and filing patent application with patent office.
- Then the final draft specification is assessed by the team especially the claims part before attorney files patent with the approval of draft by inventors and PFC team.
- Within this, indispensable steps are taken towards assessing patentability, other legal and technical issues, payments to attorney and other agencies in filing, granting and maintenance of patent and providing legal backing through legal firms.
- In order to manage all the above actions, software (web-based application) needs to be developed for smooth functioning of PFC with enhanced activity. Major scheme of proposed software may have data flow as depicted in following flow chart; it has also other functions in addition to IP filing.
- Other than IP filing activities of PFC, training and workshop also need to be captured in the database.
- Routine office function management needs to be part of the software including movement of files, scheduling of meetings recording, travel other approvals and all other office activities may be customizable.
Patent facilitation request handling process, steps and functions as given below:
The steps undertaken by the PFC team for assessment of IP filing and finally managing IP portfolio are as follows:
- A write-up on invention and a formal letter from the applicant with a brief description of the invention is required for the PFC team to start the process.
- PFC team conducts the Patentability Assessment based on the write-up received from the inventor. If invention is clear, next step is carried out else discussion is initiated with the inventor by PFC team.
- Patent searches are conducted on requests received for patent filing on free / paid databases such as ipindia.nic.in, wipo.int, uspto.gov, indianpatents.org.in, Derwent Patent Index, STN etc. Once patent search is done, team examines literature search provided by applicant/inventor
- Based on the searches done, questions are framed which are then asked from the inventor.Consequently, inventors are requested to differentiate their invention from the similar literature/patents cited by the PFC team.
- Once appropriate answers are received by the inventor, the invention is presented to Committee authorized to recommend patent filing. The committee rejects or recommends the same for filing.
- Once it is approved based on committee recommendations, it is sent to attorney from its Empaneled Attorneys for drafting and filing patent application with patent office.
- Then the final draft specification is assessed by the team especially the claims part before attorney files patent with the approval of draft by inventors and PFC team.
- Within this, indispensable steps are taken towards assessing patentability, other legal and technical issues, payments to attorney and other agencies in filing, granting and maintenance of patent and providing legal backing through legal firms.
- In order to manage all the above actions, software (web-based application) needs to be developed for smooth functioning of PFC with enhanced activity. Major scheme of proposed software may have data flow as depicted in following flow chart; it has also other functions in addition to IP filing.
- Other than IP filing activities of PFC, training and workshop also need to be captured in the database.
- Routine office function management needs to be part of the software including movement of files, scheduling of meetings recording, travel other approvals and all other office activities may be customizable.
TIFAC in its efforts to reach scientists at state and institute level, established Patent Information Centers at State Councils of Science and Technology and IP Cells in Institutes. DST continued to support such PICs in 26 states.
Now DST has entrusted the responsibility (during the approval for 2023-26) of taking these granted patents to the market place with dedicated attempt to commercialise in collaboration with Inventors and Inventing Institutions.
The following table gives details of number of patents filed and granted with facilitation of PFC since 2011-12.
| Year | Patent Applications Filed | Patents Granted |
|---|---|---|
| 2022-23 | 37 Indian | 9 Indian 3 EP and 1US Patent |
| 2021-22 | 17 Indian | 22 Indian and 1 European |
| 2020-21 | 33 Indian | 20 |
| 2019-20 | Nil | 36 |
| 2018-19 | 52 Indian | 14 |
| 2017-18 | 20 India, 3 PCT | 17 Indian, 1 Australian, 1 European |
| 2016-1 | 23 Indian, 9 foreign including PCT | 20 Indian Granted, 1 Chinese |
| 2015-16 | 38 Indian 1 PCT | 5 Indian Granted, 3 US, 2 Korean |
| 2014-15 | 33 Indian | 10 Indian |
| 2013-14 | 11 Indian+10 Indian for INSPIRE + 18 Foreign | 6 Indian, 1 European |
| 2012-13 | 31 Indian+1PCT International | 4 Indian, 1 US |
| 2011-12 | 33 Indian+6PCT International | 5 Indian, 1 European |
PFC provides technical and financial support for filing and maintaining the patents. PFC bears all the cost related to official fees to be paid to the Patent Office and the attorney charges for drafting and prosecution. This support is available to academic institutes, R&D Institutes, inventions coming from DST funded projects and inventions forwarded to PFC by State PICs. Following graph shows the number of patent applications filed in India during the last 10 years.
There are a number of instates across the country which have been supported by PFC for filing of IP applications. Following graph shows the top ten institutions for which patent filing has been facilitated by PFC since 1995.
