In a significant breakthrough for maternal healthcare, Akums Drugs & Pharmaceuticals has been granted a patent for its extended-release combination formulation of Doxylamine and Pyridoxine, developed to manage nausea and vomiting in pregnancy (NVP). The formulation, which utilizes Akums’ proprietary “tablet-in-tablet” technology, has recently received approval from the Drug Controller General of India (DCGI).
Addressing a Widespread Issue in Pregnancy Care
NVP can severely impact a woman’s nutrition, daily activities, and overall well-being, creating a need for effective treatments that address both the short-term and long-term needs of expectant mothers.
Akums’ innovative formulation provides an effective solution to this problem by combining the benefits of immediate and extended drug release in a single tablet. This novel combination is designed to offer prolonged symptom relief and reduce the frequency of dosing, improving patient adherence to the treatment regimen.
Dual-Action Mechanism for Improved Convenience
The tablet-in-tablet technology developed by Akums is a significant advancement in drug delivery. The formulation consists of two layers: an outer layer that provides a rapid onset of action to quickly alleviate the symptoms of nausea, and an inner core that ensures a longer therapeutic effect. This dual-action mechanism aims to enhance the convenience of treatment by reducing the need for frequent dosing and improving overall symptom management.
The company believes that this formulation will offer better symptom control for expectant mothers, allowing them to manage NVP more effectively and comfortably throughout their pregnancy.
Key Approvals and Regulatory Considerations
The DCGI approval marks a pivotal moment in Akums’ journey to provide a solution for a widespread condition that affects many pregnant women. The formulation has already undergone a bioequivalence study, and while the specific number of subjects in the study remains confidential due to regulatory norms, Akums confirmed that the data submitted was sufficient for obtaining the DCGI’s approval.
The company emphasizes that the approval of this extended-release formulation provides a new treatment option for expectant mothers, addressing a significant gap in pregnancy care by offering long-lasting control of nausea and vomiting. Akums has designed the formulation with a focus on safety, efficacy, and patient adherence, ensuring that it can be a trusted part of pregnancy care routines.
The launch of this new formulation underscores Akums’ commitment to innovative drug delivery technologies and their ongoing efforts to address significant unmet needs in the pharmaceutical market. The company is known for its robust contract development and manufacturing organization (CDMO) services, and this latest development adds to its growing portfolio of drug delivery innovations.
Akums’ Expansive Operations and Product Portfolio
Akums operates with a large-scale infrastructure that includes 12 manufacturing units, four R&D centers, and over 16,000 employees. The company reports having successfully commercialized over 4,100 formulations and has more than 220 products under development across various therapeutic categories.
The approval of the Doxylamine and Pyridoxine combination formulation is part of Akums’ broader strategic initiative to enhance its presence in both domestic and export pharmaceutical markets. The company’s growing product pipeline spans a wide range of dosage forms and therapeutic areas, reflecting its ability to innovate in diverse segments of the pharmaceutical industry.
A Key Step in Pregnancy Care
This development is a step forward in addressing the challenges faced by pregnant women suffering from NVP. By offering an extended-release formulation, Akums has created a treatment that not only provides effective symptom control but also improves the convenience and adherence to medication, which is often a challenge for expectant mothers managing NVP.
The formulation is poised to meet the growing demand for more accessible and effective healthcare options for pregnant women. Akums’ focus on patient-centric innovation positions the company as a key player in improving maternal health outcomes, particularly in regions where access to modern treatments remains a challenge.
Looking Ahead
With the DCGI’s approval, Akums is now poised to roll out this extended-release Doxylamine and Pyridoxine formulation to a wide market, benefiting pregnant women across India and potentially beyond. As the company continues to expand its research and development efforts, it is likely to remain at the forefront of pharmaceutical innovation, developing new treatments that meet the evolving needs of patients in both domestic and international markets.
In summary, Akums’ patented formulation for nausea and vomiting in pregnancy represents a significant achievement in the realm of maternal health. By leveraging its proprietary drug delivery technology and addressing a critical gap in pregnancy care, Akums is setting new standards for how pharmaceutical companies can innovate to improve the quality of life for expectant mothers.
patent
Philips Wins Landmark Patent Case in India, Strengthening Enforcement of Standard Essential Patents (SEPs)
In a significant ruling delivered in February 2025, the Delhi High Court reinforced the enforcement of Standard Essential Patents (SEPs) in India, delivering a victory to Philips Koninklijke Philips N.V. (Philips) in its long-standing legal battle against three Indian digital versatile disc (DVD) manufacturers. The case, titled Koninklijke Philips Electronics N.V. v Maj (Retd) Sukesh Behl & Anr, centered around Philips’ patented Eight-to-Fourteen Modulation Plus (EFM+) technology, an innovation crucial to the production of DVDs with minimal error rates and maximum storage capacity.
The case, which dates back to 2012, saw Philips accuse the defendants—Pearl Engineering Company, Powercube Infotech, and Siddharth Optical Disc Private Ltd—of using its EFM+ technology in their DVD production processes without obtaining a proper license. The technology, part of the DVD standard, plays a pivotal role in ensuring compatibility across devices by encoding data in a way that maximizes storage while minimizing data corruption. Philips sought a permanent injunction to halt further infringement and sought compensatory damages for the losses caused by the defendants’ actions.
The Legal Battle: Defendants’ Claims and Philips’ Counterarguments
The defendants countered the accusations of patent infringement, arguing that their DVD production methods did not use the patented EFM+ technology.
Non-compliance with Section 8: They argued that Philips had failed to disclose necessary information regarding foreign filings of the patent.
False Suggestions: The defendants claimed that the patent was granted due to false representations or suggestions made during the filing process.
Patent Eligibility: They contested the patent’s eligibility, claiming that it covered a method of performing mental acts (Section 3(m)) or a computer program per se (Section 3(k)), both of which are excluded from patentability under the Act.
Lack of Novelty and Inventive Step: The defendants further contended that the technology lacked novelty and inventive step, referencing a prior patent owned by Sony.
Insufficient Description: They also argued that the patent lacked a clear and sufficient description to allow replication by a skilled person in the field.
It asserted that any omission in the disclosure of foreign filings was unintentional and based on the available data within their records. Regarding the patent’s subject matter, Philips argued that the EFM+ technology involved a technical process that required hardware components, such as circuits and buses, and could not be performed mentally or abstractly. Therefore, it should not be classified under the excluded categories of Section 3(m) or Section 3(k).
The company further defended its technology, emphasizing that the EFM+ system was a novel invention in the field of digital storage, contributing to substantial technical advancements. Philips argued that the invention was not a mere software-based process but incorporated hardware elements that led to significant improvements in DVD manufacturing and storage capacity.
The Court’s Ruling: Affirming the SEP and Infringement
The Delhi High Court, in its judgment, sided with Philips, affirming the patent’s status as a Standard Essential Patent (SEP). It ruled that the defendants had indeed infringed upon Philips’ patent by utilizing the patented EFM+ technology in their DVD production without obtaining the necessary license.
The Court took a meticulous approach to the issue of FRAND (Fair, Reasonable, and Non-Discriminatory) licensing, emphasizing the global significance of SEPs in ensuring consistent and interoperable standards across industries. Despite the patent having expired during the course of the litigation, the Court highlighted that the defendants’ continued use of the patented technology without engaging in fair licensing negotiations violated the obligations under FRAND terms. As a result, the Court ruled in favor of awarding damages to Philips, emphasizing that the infringement had caused significant harm to the company.
Award of Damages: A Detailed Breakdown
The Court awarded Philips significant damages based on the established FRAND royalty rate for the patented technology. Philips had set a standard royalty rate of $0.03 per DVD. The defendants, however, had failed to disclose their actual sales figures, forcing the Court to estimate the number of DVDs that were manufactured using the EFM+ technology. The estimated sales figures for the defendants were as follows:
Pearl Engineering: Approximately 250 million DVDs.
Siddharth Optical: Around 65 million DVDs.
Powercube Infotech: Close to 499.3 million DVDs.
Using these estimates, the Court calculated the damages and converted the total sum into Indian Rupees at the current exchange rate of INR 83 per USD. The Court also took into account the time value of money during the prolonged litigation period, awarding interest at 12% per annum from the date the lawsuit was filed until the date of actual payment.
Furthermore, aggravated damages were imposed on the defendants due to their willful infringement and deliberate nondisclosure of sales records. This penalty was designed to reflect the defendants’ procedural misconduct and failure to comply with the legal requirements.
Breakdown of Financial Penalties
Pearl Engineering: Ordered to pay INR 6.22 crores (approx. USD 8,70,000) in royalty damages, plus INR 1 crore in aggravated damages, with interest accruing at 12% per annum from July 24, 2012 to February 25, 2025.
Siddharth Optical: Liable for approximately INR 1.61 crore in royalty damages and INR 1 crore in aggravated damages (approx. USD 3,14,458), with interest from May 28, 2012 to February 25, 2025.
Powercube Infotech: Faced the largest financial penalty, totaling INR 12.43 crore in royalty damages, plus INR 1 crore in aggravated damages (approx. USD 1,61,807), with interest from September 4, 2012 to February 20, 2025.
In addition to the damages, the Court mandated that the defendants cover the full costs of the litigation, citing the delay tactics used by the defendants that led to the prolonged legal proceedings.
A Landmark Judgment for SEP Enforcement
This ruling marks a critical milestone for the enforcement of Standard Essential Patents in India. It not only underscores the importance of adhering to FRAND terms but also sets a precedent for how similar cases might be handled in the future. The judgment highlights India’s increasing commitment to respecting and enforcing international patent licensing standards, especially in the realm of technology that has global implications for industry standards.
The case also demonstrates the growing importance of intellectual property rights (IPR) in India’s expanding technological and digital landscape. As the country continues to be an emerging hub for innovation and manufacturing, decisions like this reinforce the need for robust protections for innovators and patent holders.
In conclusion, this case reinforces the legal protections for SEPs in India, signaling to global markets that India is serious about enforcing patent rights and ensuring fair, non-discriminatory licensing in critical industries like electronics and telecommunications.
The case, which dates back to 2012, saw Philips accuse the defendants—Pearl Engineering Company, Powercube Infotech, and Siddharth Optical Disc Private Ltd—of using its EFM+ technology in their DVD production processes without obtaining a proper license. The technology, part of the DVD standard, plays a pivotal role in ensuring compatibility across devices by encoding data in a way that maximizes storage while minimizing data corruption. Philips sought a permanent injunction to halt further infringement and sought compensatory damages for the losses caused by the defendants’ actions.
The Legal Battle: Defendants’ Claims and Philips’ Counterarguments
The defendants countered the accusations of patent infringement, arguing that their DVD production methods did not use the patented EFM+ technology.
Non-compliance with Section 8: They argued that Philips had failed to disclose necessary information regarding foreign filings of the patent.
False Suggestions: The defendants claimed that the patent was granted due to false representations or suggestions made during the filing process.
Patent Eligibility: They contested the patent’s eligibility, claiming that it covered a method of performing mental acts (Section 3(m)) or a computer program per se (Section 3(k)), both of which are excluded from patentability under the Act.
Lack of Novelty and Inventive Step: The defendants further contended that the technology lacked novelty and inventive step, referencing a prior patent owned by Sony.
Insufficient Description: They also argued that the patent lacked a clear and sufficient description to allow replication by a skilled person in the field.
It asserted that any omission in the disclosure of foreign filings was unintentional and based on the available data within their records. Regarding the patent’s subject matter, Philips argued that the EFM+ technology involved a technical process that required hardware components, such as circuits and buses, and could not be performed mentally or abstractly. Therefore, it should not be classified under the excluded categories of Section 3(m) or Section 3(k).
The company further defended its technology, emphasizing that the EFM+ system was a novel invention in the field of digital storage, contributing to substantial technical advancements. Philips argued that the invention was not a mere software-based process but incorporated hardware elements that led to significant improvements in DVD manufacturing and storage capacity.
The Court’s Ruling: Affirming the SEP and Infringement
The Delhi High Court, in its judgment, sided with Philips, affirming the patent’s status as a Standard Essential Patent (SEP). It ruled that the defendants had indeed infringed upon Philips’ patent by utilizing the patented EFM+ technology in their DVD production without obtaining the necessary license.
The Court took a meticulous approach to the issue of FRAND (Fair, Reasonable, and Non-Discriminatory) licensing, emphasizing the global significance of SEPs in ensuring consistent and interoperable standards across industries. Despite the patent having expired during the course of the litigation, the Court highlighted that the defendants’ continued use of the patented technology without engaging in fair licensing negotiations violated the obligations under FRAND terms. As a result, the Court ruled in favor of awarding damages to Philips, emphasizing that the infringement had caused significant harm to the company.
Award of Damages: A Detailed Breakdown
The Court awarded Philips significant damages based on the established FRAND royalty rate for the patented technology. Philips had set a standard royalty rate of $0.03 per DVD. The defendants, however, had failed to disclose their actual sales figures, forcing the Court to estimate the number of DVDs that were manufactured using the EFM+ technology. The estimated sales figures for the defendants were as follows:
Pearl Engineering: Approximately 250 million DVDs.
Siddharth Optical: Around 65 million DVDs.
Powercube Infotech: Close to 499.3 million DVDs.
Using these estimates, the Court calculated the damages and converted the total sum into Indian Rupees at the current exchange rate of INR 83 per USD. The Court also took into account the time value of money during the prolonged litigation period, awarding interest at 12% per annum from the date the lawsuit was filed until the date of actual payment.
Furthermore, aggravated damages were imposed on the defendants due to their willful infringement and deliberate nondisclosure of sales records. This penalty was designed to reflect the defendants’ procedural misconduct and failure to comply with the legal requirements.
Breakdown of Financial Penalties
Pearl Engineering: Ordered to pay INR 6.22 crores (approx. USD 8,70,000) in royalty damages, plus INR 1 crore in aggravated damages, with interest accruing at 12% per annum from July 24, 2012 to February 25, 2025.
Siddharth Optical: Liable for approximately INR 1.61 crore in royalty damages and INR 1 crore in aggravated damages (approx. USD 3,14,458), with interest from May 28, 2012 to February 25, 2025.
Powercube Infotech: Faced the largest financial penalty, totaling INR 12.43 crore in royalty damages, plus INR 1 crore in aggravated damages (approx. USD 1,61,807), with interest from September 4, 2012 to February 20, 2025.
In addition to the damages, the Court mandated that the defendants cover the full costs of the litigation, citing the delay tactics used by the defendants that led to the prolonged legal proceedings.
A Landmark Judgment for SEP Enforcement
This ruling marks a critical milestone for the enforcement of Standard Essential Patents in India. It not only underscores the importance of adhering to FRAND terms but also sets a precedent for how similar cases might be handled in the future. The judgment highlights India’s increasing commitment to respecting and enforcing international patent licensing standards, especially in the realm of technology that has global implications for industry standards.
The case also demonstrates the growing importance of intellectual property rights (IPR) in India’s expanding technological and digital landscape. As the country continues to be an emerging hub for innovation and manufacturing, decisions like this reinforce the need for robust protections for innovators and patent holders.
In conclusion, this case reinforces the legal protections for SEPs in India, signaling to global markets that India is serious about enforcing patent rights and ensuring fair, non-discriminatory licensing in critical industries like electronics and telecommunications.
Calcutta High Court Upholds Transparency and Fairness in Patent Examination: Takeda Pharmaceutical Co. Ltd. v. Controller of Patents
In a significant ruling that underscores the importance of transparency, reasoned decision-making, and procedural fairness in patent examination, the Calcutta High Court has set aside a refusal order issued by the Patent Office in the case of Takeda Pharmaceutical Co. Ltd. v. Controller of Patents and Designs & Ors. The Court found that the Patent Office’s failure to consider crucial post-filing data demonstrating technical advancement violated the principles of natural justice and remanded the matter for fresh consideration.
Facts of the Case
Takeda Pharmaceutical Co. Ltd. (“Takeda”) filed a patent application in 2010 for a novel class of protein kinase inhibitors intended for treating cancers associated with abnormal kinase activity. The application specifically claimed Brigatinib, a compound designed to selectively inhibit Anaplastic Lymphoma Kinase (ALK) over closely related kinases, including the insulin receptor (Ins-R). This selective inhibition was critical to Brigatinib’s therapeutic efficacy, as it reduced side effects that typically arise from off-target binding to Ins-R.
During the course of prosecution, Takeda submitted experimental data demonstrating Brigatinib’s enhanced selectivity for ALK, as evidenced by reduced IC50 values (the concentration needed to inhibit 50% of kinase activity). Additionally, Takeda provided expert affidavits, comparative data with other marketed drugs, and evidence of industrial acclaim to substantiate the compound’s technical advancement and superior efficacy.
Refusal Order by the Controller
Despite the supporting data, the Controller of Patents rejected Takeda’s application on three grounds:
Lack of Inventive Step under Section 2(1)(ja)
Non-patentability under Section 3(d) of the Patents Act, which prevents the patenting of mere derivatives of known substances unless they show significant improvement in therapeutic efficacy
Insufficiency of Disclosure under Section 10(4), alleging that Takeda had not adequately described the invention.
Furthermore, the Controller contended that the application lacked any evidence of technical advancement or enhanced efficacy at the time of filing the specification.
Arguments by Takeda
They argued that the Controller had disregarded supplementary data and expert affidavits that demonstrated Brigatinib’s superior selectivity and efficacy. Takeda claimed that the inventive step analysis was flawed, arguing that the Controller had used hindsight to select prior art compounds and had wrongly assumed that a minor structural modification (the sulfonyl-phosphoryl substitution) would not have a significant effect on the compound’s performance.
Takeda further pointed out that the Controller had failed to consider the post-filing data submitted during prosecution, which demonstrated Brigatinib’s enhanced selectivity for ALK over Ins-R, reducing off-target effects and improving the drug’s therapeutic profile. According to Takeda, the hasty rejection failed to account for the complexity and novelty of their invention.
Court’s Findings
The Calcutta High Court sided with Takeda, finding that the Controller’s refusal was unreasoned and erroneous. In its judgment, the Court emphasized that the inventive step must be assessed in the context of the entire invention, and prior art should not be merely compared to isolated features of the invention. The Court specifically noted that the mere presence of structurally similar elements in the prior art does not make an invention obvious. The invention must be evaluated as a whole, considering its technical merits and novel contributions.
The Court also found that the Controller had misinterpreted the concept of bioisosterism and failed to consider that Brigatinib’s modification—substituting a sulfonyl group with a phosphoryl group—was not obvious in the context of the prior art. It emphasized that there was no teaching in the prior art to modify the structure of TAE684 in the way required to produce Brigatinib, particularly with regard to selective inhibition between ALK and Ins-R.
Regarding the issue of technical advancement, the Court pointed out that Takeda had submitted critical data, including experimental results showing Brigatinib’s superior selectivity for ALK and reduced off-target effects. The Court noted that the Controller had improperly disregarded this data, which was directly relevant to proving therapeutic efficacy.
Key Legal Principles: Procedural Fairness and Transparency
The Court ruled that the Controller had violated the principles of natural justice by failing to adequately consider all material facts and evidence submitted by Takeda, including post-filing data. The Court emphasized that under Indian patent law, post-filing data demonstrating technical advancement is not prohibited and must be duly considered by the examining authorities.
Furthermore, the Court held that the refusal was not supported by adequate reasoning and that the Controller’s decision-making process lacked clarity and fairness. The judgment highlighted the need for a reasoned order, one that addresses all relevant factors and provides a comprehensive explanation of why certain evidence is accepted or rejected.
Conclusion
By setting aside the refusal order, the Court has provided a clear directive to the Patent Office to re-evaluate the application in light of all available evidence, including post-filing data, and to ensure that all parties are given an adequate opportunity to be heard.
The Court has also remanded the case to the Patent Office for fresh consideration, with a mandate to complete the process within three months from the date of communication of the order. This ruling not only benefits Takeda but also reinforces the importance of ensuring fairness and accountability in the patent grant process, particularly in high-stakes pharmaceutical and biotechnology patents.
Impact on Patent Law in India
This judgment is expected to have far-reaching implications for patent law practice in India, especially in complex patent cases involving pharmaceutical and biotechnology inventions. It reinforces the need for patent examiners to engage thoroughly with the evidence presented, ensuring that decisions are based on substantive and comprehensive analyses rather than superficial assessments. This decision could also encourage more transparency in the examination process, ultimately fostering an environment that supports innovation and fair competition in the Indian patent ecosystem.
Facts of the Case
Takeda Pharmaceutical Co. Ltd. (“Takeda”) filed a patent application in 2010 for a novel class of protein kinase inhibitors intended for treating cancers associated with abnormal kinase activity. The application specifically claimed Brigatinib, a compound designed to selectively inhibit Anaplastic Lymphoma Kinase (ALK) over closely related kinases, including the insulin receptor (Ins-R). This selective inhibition was critical to Brigatinib’s therapeutic efficacy, as it reduced side effects that typically arise from off-target binding to Ins-R.
During the course of prosecution, Takeda submitted experimental data demonstrating Brigatinib’s enhanced selectivity for ALK, as evidenced by reduced IC50 values (the concentration needed to inhibit 50% of kinase activity). Additionally, Takeda provided expert affidavits, comparative data with other marketed drugs, and evidence of industrial acclaim to substantiate the compound’s technical advancement and superior efficacy.
Refusal Order by the Controller
Despite the supporting data, the Controller of Patents rejected Takeda’s application on three grounds:
Lack of Inventive Step under Section 2(1)(ja)
Non-patentability under Section 3(d) of the Patents Act, which prevents the patenting of mere derivatives of known substances unless they show significant improvement in therapeutic efficacy
Insufficiency of Disclosure under Section 10(4), alleging that Takeda had not adequately described the invention.
Furthermore, the Controller contended that the application lacked any evidence of technical advancement or enhanced efficacy at the time of filing the specification.
Arguments by Takeda
They argued that the Controller had disregarded supplementary data and expert affidavits that demonstrated Brigatinib’s superior selectivity and efficacy. Takeda claimed that the inventive step analysis was flawed, arguing that the Controller had used hindsight to select prior art compounds and had wrongly assumed that a minor structural modification (the sulfonyl-phosphoryl substitution) would not have a significant effect on the compound’s performance.
Takeda further pointed out that the Controller had failed to consider the post-filing data submitted during prosecution, which demonstrated Brigatinib’s enhanced selectivity for ALK over Ins-R, reducing off-target effects and improving the drug’s therapeutic profile. According to Takeda, the hasty rejection failed to account for the complexity and novelty of their invention.
Court’s Findings
The Calcutta High Court sided with Takeda, finding that the Controller’s refusal was unreasoned and erroneous. In its judgment, the Court emphasized that the inventive step must be assessed in the context of the entire invention, and prior art should not be merely compared to isolated features of the invention. The Court specifically noted that the mere presence of structurally similar elements in the prior art does not make an invention obvious. The invention must be evaluated as a whole, considering its technical merits and novel contributions.
The Court also found that the Controller had misinterpreted the concept of bioisosterism and failed to consider that Brigatinib’s modification—substituting a sulfonyl group with a phosphoryl group—was not obvious in the context of the prior art. It emphasized that there was no teaching in the prior art to modify the structure of TAE684 in the way required to produce Brigatinib, particularly with regard to selective inhibition between ALK and Ins-R.
Regarding the issue of technical advancement, the Court pointed out that Takeda had submitted critical data, including experimental results showing Brigatinib’s superior selectivity for ALK and reduced off-target effects. The Court noted that the Controller had improperly disregarded this data, which was directly relevant to proving therapeutic efficacy.
Key Legal Principles: Procedural Fairness and Transparency
The Court ruled that the Controller had violated the principles of natural justice by failing to adequately consider all material facts and evidence submitted by Takeda, including post-filing data. The Court emphasized that under Indian patent law, post-filing data demonstrating technical advancement is not prohibited and must be duly considered by the examining authorities.
Furthermore, the Court held that the refusal was not supported by adequate reasoning and that the Controller’s decision-making process lacked clarity and fairness. The judgment highlighted the need for a reasoned order, one that addresses all relevant factors and provides a comprehensive explanation of why certain evidence is accepted or rejected.
Conclusion
By setting aside the refusal order, the Court has provided a clear directive to the Patent Office to re-evaluate the application in light of all available evidence, including post-filing data, and to ensure that all parties are given an adequate opportunity to be heard.
The Court has also remanded the case to the Patent Office for fresh consideration, with a mandate to complete the process within three months from the date of communication of the order. This ruling not only benefits Takeda but also reinforces the importance of ensuring fairness and accountability in the patent grant process, particularly in high-stakes pharmaceutical and biotechnology patents.
Impact on Patent Law in India
This judgment is expected to have far-reaching implications for patent law practice in India, especially in complex patent cases involving pharmaceutical and biotechnology inventions. It reinforces the need for patent examiners to engage thoroughly with the evidence presented, ensuring that decisions are based on substantive and comprehensive analyses rather than superficial assessments. This decision could also encourage more transparency in the examination process, ultimately fostering an environment that supports innovation and fair competition in the Indian patent ecosystem.
Patent Applicants Face Tighter Deadlines: What the New USPTO Rule Means for Continuation and Divisional Applications
Starting May 13, 2025, patent applicants will experience a significant change in the timeline for filing continuation and divisional applications with the U.S. Patent and Trademark Office (USPTO). Under the new rule, the window between paying the issue fee and a patent officially issuing will shrink dramatically—from about three weeks to just one week.
For those familiar with the process, this may feel like a significant shift. Previously, applicants had a comfortable amount of time to make key decisions regarding the filing of continuation or divisional applications after paying the issue fee. This period, although not extensive, offered ample opportunity to consider further filings and get the necessary paperwork in order. Now, with the new timeline, applicants will have to act quickly or risk missing the opportunity to file these crucial applications before the parent patent officially issues.
A Major Change for Continuation and Divisional Filings
For those in the patent world, continuation and divisional applications are powerful tools used to refine, expand, or protect different aspects of an invention disclosed in the original patent application. These tools allow applicants to pursue additional claims or protect additional inventions within the same family of patents.
This might happen if an applicant wants broader protection or if new claims emerge that were not included in the original application. A continuation application essentially gives the applicant another opportunity to further develop the patent without starting the process from scratch.
Divisionals, on the other hand, are filed when the USPTO requests the applicant to divide the original application into separate filings because the application covers more than one invention. This is typically seen in cases where the original application is too broad or contains more than one distinct invention.
The critical detail here is that both continuation and divisional applications must be filed before the parent patent is granted. Once the patent issues, the opportunity to file such applications is largely closed, and reopening prosecution after issuance can be costly and difficult.
The New Deadline: A Week to Act
Historically, applicants had about three weeks, sometimes longer, to file continuation or divisional applications after paying the issue fee. This gave them time to review their options, consult with colleagues or patent attorneys, and finalize their strategy before the patent officially issued.
However, with the new rule coming into effect on May 13, 2025, applicants will have only one week between paying the issue fee and the patent issuing. This means the timeline for making decisions has been drastically compressed. The issue fee, which is typically paid after receiving a Notice of Allowance from the USPTO, serves as an indication that the patent is about to be granted. With the tighter timeline, applicants must be ready to act quickly to file continuation or divisional applications—or risk missing the opportunity altogether.
For patent professionals who file these types of applications regularly, this change represents a considerable shift in workflow. The new rule is likely to require better planning, quicker decision-making, and perhaps even a shift in internal procedures to ensure applications are filed on time.
Best Practices for Navigating the Change
While the new rule presents challenges, there are several best practices that applicants can adopt to ensure they stay ahead of the game:
File Before Paying the Issue Fee
This gives ample time to review the strategy and decide on any additional filings. Filing before paying the issue fee ensures that applicants can secure their desired protection without the stress of a shortened timeline.
Incorporate Continuation and Divisional Discussions into the Review Process
Patent applicants should include discussions of continuation and divisional strategies as part of their regular Notice of Allowance review. This can involve consulting with patent attorneys, revisiting claims, and carefully evaluating whether additional applications are necessary.
Set Internal Deadlines
This gives teams time to deliberate and take a more measured approach to filings, without the added pressure of an approaching deadline.
Treat the Issue Fee as a Warning Signal
The issue fee payment should be viewed as a signal to take immediate action, not as a last-minute task. Instead of waiting until the last moment, applicants should be proactive and take time to file any necessary applications well ahead of the fee payment deadline. Procrastination can lead to missed opportunities.
Why the Change Matters
The USPTO’s decision to tighten this filing window is likely a response to the growing complexity of the patent process and the increasing speed at which innovation is occurring.
For applicants, however, this presents a new set of challenges. The need for quick decision-making and a more nimble approach to patent strategy has never been more important. Companies will need to ensure their patent portfolios are managed with greater efficiency and foresight. In particular, patent attorneys and in-house counsel will need to be highly organized to ensure that crucial filings are made within the shortened timeline.
The Bottom Line: Speed and Preparation Are Key
The new rule that takes effect on May 13, 2025, is a significant change that will impact the way patent applicants file continuation and divisional applications. With only one week between paying the issue fee and the patent issuing, applicants must be prepared to act quickly to protect additional claims or inventions.
The smartest strategy is to file continuation and divisional applications before paying the issue fee, giving applicants more time to review and finalize their filing strategy. By setting internal deadlines, planning ahead, and treating the issue fee payment as a cue to take immediate action, patent applicants can ensure they are not caught off guard by the new, shorter timeline.
In the world of patent law, timing is everything—and starting May 2025, those who act early will be best positioned to navigate the new filing requirements.
For those familiar with the process, this may feel like a significant shift. Previously, applicants had a comfortable amount of time to make key decisions regarding the filing of continuation or divisional applications after paying the issue fee. This period, although not extensive, offered ample opportunity to consider further filings and get the necessary paperwork in order. Now, with the new timeline, applicants will have to act quickly or risk missing the opportunity to file these crucial applications before the parent patent officially issues.
A Major Change for Continuation and Divisional Filings
For those in the patent world, continuation and divisional applications are powerful tools used to refine, expand, or protect different aspects of an invention disclosed in the original patent application. These tools allow applicants to pursue additional claims or protect additional inventions within the same family of patents.
This might happen if an applicant wants broader protection or if new claims emerge that were not included in the original application. A continuation application essentially gives the applicant another opportunity to further develop the patent without starting the process from scratch.
Divisionals, on the other hand, are filed when the USPTO requests the applicant to divide the original application into separate filings because the application covers more than one invention. This is typically seen in cases where the original application is too broad or contains more than one distinct invention.
The critical detail here is that both continuation and divisional applications must be filed before the parent patent is granted. Once the patent issues, the opportunity to file such applications is largely closed, and reopening prosecution after issuance can be costly and difficult.
The New Deadline: A Week to Act
Historically, applicants had about three weeks, sometimes longer, to file continuation or divisional applications after paying the issue fee. This gave them time to review their options, consult with colleagues or patent attorneys, and finalize their strategy before the patent officially issued.
However, with the new rule coming into effect on May 13, 2025, applicants will have only one week between paying the issue fee and the patent issuing. This means the timeline for making decisions has been drastically compressed. The issue fee, which is typically paid after receiving a Notice of Allowance from the USPTO, serves as an indication that the patent is about to be granted. With the tighter timeline, applicants must be ready to act quickly to file continuation or divisional applications—or risk missing the opportunity altogether.
For patent professionals who file these types of applications regularly, this change represents a considerable shift in workflow. The new rule is likely to require better planning, quicker decision-making, and perhaps even a shift in internal procedures to ensure applications are filed on time.
Best Practices for Navigating the Change
While the new rule presents challenges, there are several best practices that applicants can adopt to ensure they stay ahead of the game:
File Before Paying the Issue Fee
This gives ample time to review the strategy and decide on any additional filings. Filing before paying the issue fee ensures that applicants can secure their desired protection without the stress of a shortened timeline.
Incorporate Continuation and Divisional Discussions into the Review Process
Patent applicants should include discussions of continuation and divisional strategies as part of their regular Notice of Allowance review. This can involve consulting with patent attorneys, revisiting claims, and carefully evaluating whether additional applications are necessary.
Set Internal Deadlines
This gives teams time to deliberate and take a more measured approach to filings, without the added pressure of an approaching deadline.
Treat the Issue Fee as a Warning Signal
The issue fee payment should be viewed as a signal to take immediate action, not as a last-minute task. Instead of waiting until the last moment, applicants should be proactive and take time to file any necessary applications well ahead of the fee payment deadline. Procrastination can lead to missed opportunities.
Why the Change Matters
The USPTO’s decision to tighten this filing window is likely a response to the growing complexity of the patent process and the increasing speed at which innovation is occurring.
For applicants, however, this presents a new set of challenges. The need for quick decision-making and a more nimble approach to patent strategy has never been more important. Companies will need to ensure their patent portfolios are managed with greater efficiency and foresight. In particular, patent attorneys and in-house counsel will need to be highly organized to ensure that crucial filings are made within the shortened timeline.
The Bottom Line: Speed and Preparation Are Key
The new rule that takes effect on May 13, 2025, is a significant change that will impact the way patent applicants file continuation and divisional applications. With only one week between paying the issue fee and the patent issuing, applicants must be prepared to act quickly to protect additional claims or inventions.
The smartest strategy is to file continuation and divisional applications before paying the issue fee, giving applicants more time to review and finalize their filing strategy. By setting internal deadlines, planning ahead, and treating the issue fee payment as a cue to take immediate action, patent applicants can ensure they are not caught off guard by the new, shorter timeline.
In the world of patent law, timing is everything—and starting May 2025, those who act early will be best positioned to navigate the new filing requirements.
India’s Evolving Intellectual Property Landscape: A Key Turning Point for Pharma Industry
“The needle has moved,” declares Anil Matai, Director General of the Organization of Pharmaceutical Producers of India (OPPI), in a recent podcast interview with Scrip. The statement refers to the substantial changes in India’s intellectual property rights (IPR) regime, which witnessed some critical amendments in the past year. As the representative body for foreign pharmaceutical companies in India, OPPI plays a crucial role in shaping the country’s IPR and regulatory environment, which continues to evolve as the industry adapts to both domestic and global pressures.
Matai’s remarks signal that India’s pharmaceutical sector is undergoing a transformation, particularly in areas such as patent regulations, data protection, and the ongoing debates surrounding Section 3(d) of the Indian Patent Act.
Key Amendments and the State of Play
India’s intellectual property landscape has been in flux, with several key amendments to the patent law being introduced last year.
However, one of the most controversial aspects of India’s patent system remains Section 3(d) of the Indian Patents Act. Section 3(d) prevents the patenting of new forms of known substances unless they result in significantly enhanced efficacy.
The ruling emphasized the need for innovation beyond mere incremental changes, a stance that was seen as a win for public health over the interests of global pharmaceutical companies. However, for foreign firms like those represented by OPPI, Section 3(d) remains a longstanding sticking point. Matai pointed out that while India’s patent system has evolved, challenges such as these continue to make it difficult for global innovators to protect their products in the country.
Data Protection: A Global Imperative
Another critical issue discussed by Matai is the need for Regulatory Data Protection (RDP), which he describes as a “no-brainer.” RDP refers to the protection of clinical trial data submitted to regulatory authorities in the drug approval process, ensuring that competitors cannot rely on this data to gain approval for their own versions of a drug without conducting their own trials. Matai cites China’s rapid advancement in the biologics space as an example, noting that China has already made significant strides in protecting RDP and attracting global pharmaceutical investment.
China’s National Medical Products Administration (NMPA) recently introduced guidelines that outline specific periods of data exclusivity for different categories of drugs. These guidelines are part of the broader regulatory framework that has seen China move ahead of India in the biologics sector.
The issue of data exclusivity (DE) has been contentious in India for years. Under the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, India, like other member states, is required to protect undisclosed data necessary for regulatory approval of new chemical entities. However, India has not yet provided for data exclusivity in its laws. While the generics industry and public health advocates argue that this is a matter of confidentiality and not exclusivity, foreign firms see data exclusivity as crucial for fostering innovation and protecting intellectual property.
Matai emphasized that India’s reluctance to adopt data exclusivity is a hindrance to attracting foreign investment in the pharmaceutical sector. “Without adequate data protection, global pharmaceutical companies may look elsewhere for growth opportunities,” he warned, citing how China has leveraged RDP to become a hub for life sciences research and development.
US-India Trade Relations and the Road Ahead
The issue of intellectual property rights is not only a domestic matter but also an international one, particularly in the context of India’s trade relationships. India remains on the Priority Watch List in the United States Trade Representative’s (USTR) Special 301 Report, which highlights countries that are seen as not providing adequate protection for intellectual property rights. India shares this distinction with China, reflecting ongoing concerns about patent protection, data exclusivity, and the safeguarding of undisclosed data.
The U.S. has long pushed for stronger IP protection in India, with senior figures such as Eli Lilly’s CEO, David Ricks, calling for the country to rethink its stance on IPR and become a leader in life sciences. According to Ricks and other pharmaceutical leaders, India’s regulatory framework must evolve to align with global standards to attract the level of investment needed for the country to become a competitive player in the pharmaceutical industry.
Both India and the U.S. are now working toward the first tranche of a multi-sector Bilateral Trade Agreement (BTA), which is expected to be finalized by the fall of 2025. It remains to be seen whether intellectual property issues, including those surrounding patent eligibility and data exclusivity, will be part of the negotiations. If they are, the outcome could have a profound impact on the future of the pharmaceutical industry in India.
The Path Forward
India’s evolving IPR landscape presents both challenges and opportunities. While the changes in the regulatory environment signal progress, much remains to be done to balance the needs of public health with those of global pharmaceutical companies. As foreign firms continue to call for stronger IP protections, India faces the delicate task of crafting a system that promotes innovation without undermining access to affordable medicines.
Anil Matai’s comments reflect the tensions at play in this balancing act. As India moves toward a more integrated role in the global pharmaceutical market, the next few years will be pivotal in shaping the future of the country’s intellectual property and regulatory framework. Whether India can find the right balance between fostering innovation, attracting investment, and maintaining access to essential medicines will be key to its future as a global leader in the life sciences sector.
In the meantime, the global pharmaceutical community will be watching closely, as India’s regulatory evolution continues to unfold.
Indian Patent Granted for Cutting-Edge Drought Monitoring System Using AI, IoT, and Geospatial Technology
In a significant step forward for drought preparedness and management, the Indian Patent Office has granted a patent for an advanced system that utilizes AI, Internet of Things (IoT), and geospatial technologies to monitor and assess drought conditions in real time.
Designed to address the pressing need for accurate and timely drought data—particularly in vulnerable regions like Marathwada, which frequently faces water shortages—the system offers a modern alternative to outdated assessment methods.
“Conventional techniques such as Annewari and Paisewari, while historically relevant, are not equipped to deliver the precision and speed required for effective drought response today,” said Prof. Kale. “These methods often delay estimates until months after crop damage has occurred—December for Kharif and March for Rabi—hampering timely relief efforts.”
The patented technology was the result of collaborative research led by Gaikwad with critical contributions from Dr. Amol Vibhute, Dr. Rajesh Dhumal, and Dr. Rupali Surase. Their innovation integrates satellite-based remote sensing, mobile-based field data collection, and IoT-enabled sensor networks to deliver highly accurate and localized drought assessments.
A pilot implementation of the system was carried out in the Vaijapur tehsil of Chhatrapati Sambhajinagar district, a region known for recurrent droughts. According to Gaikwad, the new system demonstrated strong potential to transform the way droughts are tracked and responded to.
“This solution provides real-time, location-specific insights that can help authorities and farmers take timely preventive measures, ultimately minimizing the agricultural and socio-economic impact of droughts,” Gaikwad explained.
Prof. Kale added that the system is not only scalable but also adaptable for use in other drought-prone areas across India. The team believes that this technology could play a vital role in strengthening the country’s resilience to climate-induced challenges in agriculture.
Designed to address the pressing need for accurate and timely drought data—particularly in vulnerable regions like Marathwada, which frequently faces water shortages—the system offers a modern alternative to outdated assessment methods.
“Conventional techniques such as Annewari and Paisewari, while historically relevant, are not equipped to deliver the precision and speed required for effective drought response today,” said Prof. Kale. “These methods often delay estimates until months after crop damage has occurred—December for Kharif and March for Rabi—hampering timely relief efforts.”
The patented technology was the result of collaborative research led by Gaikwad with critical contributions from Dr. Amol Vibhute, Dr. Rajesh Dhumal, and Dr. Rupali Surase. Their innovation integrates satellite-based remote sensing, mobile-based field data collection, and IoT-enabled sensor networks to deliver highly accurate and localized drought assessments.
A pilot implementation of the system was carried out in the Vaijapur tehsil of Chhatrapati Sambhajinagar district, a region known for recurrent droughts. According to Gaikwad, the new system demonstrated strong potential to transform the way droughts are tracked and responded to.
“This solution provides real-time, location-specific insights that can help authorities and farmers take timely preventive measures, ultimately minimizing the agricultural and socio-economic impact of droughts,” Gaikwad explained.
Prof. Kale added that the system is not only scalable but also adaptable for use in other drought-prone areas across India. The team believes that this technology could play a vital role in strengthening the country’s resilience to climate-induced challenges in agriculture.
Patent Dispute Erupts Over Scavenger Robots: Kerala’s Genrobotics Files Lawsuit Against IIT Madras Startup
A legal battle has broken out in the field of sanitation technology as Genrobotics, a Kerala-based robotics company known for its sewer-cleaning robot ‘Bandicoot’, has taken legal action against a startup incubated at IIT Madras. The dispute centers on alleged patent infringement involving robotic systems designed to eliminate manual scavenging.
The company argues that its patented design and mechanism have been replicated without authorization, potentially undermining years of research and development.
The case highlights growing tensions in India’s deep tech and robotics sectors, where startups and research institutions are increasingly innovating but also entering complex territory involving patents and proprietary technologies.
According to Genrobotics, its invention was created specifically to address the inhumane practice of manual scavenging, offering a safer and more dignified alternative through automation. The company has received widespread recognition and government support for deploying its technology across multiple states.
The IIT Madras startup, whose identity has not been officially disclosed in legal documents, reportedly launched a robotic solution with functions and features that Genrobotics claims are too similar to be coincidental. Genrobotics has approached the courts seeking an injunction against the manufacture, sale, and promotion of the allegedly infringing product.
Industry observers note that this case could set a precedent for how intellectual property rights are enforced in India’s emerging robotics industry. It also raises broader questions about the balance between innovation, open research, and patent protection, particularly in sectors aimed at solving critical social issues.
Neither side has made a detailed public statement yet, but the case is expected to draw attention as it unfolds, especially given the increasing focus on technology-driven solutions in public sanitation.
The company argues that its patented design and mechanism have been replicated without authorization, potentially undermining years of research and development.
The case highlights growing tensions in India’s deep tech and robotics sectors, where startups and research institutions are increasingly innovating but also entering complex territory involving patents and proprietary technologies.
According to Genrobotics, its invention was created specifically to address the inhumane practice of manual scavenging, offering a safer and more dignified alternative through automation. The company has received widespread recognition and government support for deploying its technology across multiple states.
The IIT Madras startup, whose identity has not been officially disclosed in legal documents, reportedly launched a robotic solution with functions and features that Genrobotics claims are too similar to be coincidental. Genrobotics has approached the courts seeking an injunction against the manufacture, sale, and promotion of the allegedly infringing product.
Industry observers note that this case could set a precedent for how intellectual property rights are enforced in India’s emerging robotics industry. It also raises broader questions about the balance between innovation, open research, and patent protection, particularly in sectors aimed at solving critical social issues.
Neither side has made a detailed public statement yet, but the case is expected to draw attention as it unfolds, especially given the increasing focus on technology-driven solutions in public sanitation.
High Courts Should Not Intervene in SARFAESI Proceedings Unless Actions Are Clearly Illegal or Mala Fide: Allahabad High Court
In a recent judgment, the Allahabad High Court emphasized that judicial intervention in matters governed by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, should be limited to instances where banks have acted either unlawfully or with mala fide intent.
The division bench, comprising Justice Shekhar B. Saraf and Justice Dr. Yogendra Kumar Srivastava, cited the Supreme Court’s ruling in United Bank of India vs. Satyawati Tondon & Others to support its stance. The bench noted, “Interference by this Court in SARFAESI-related issues is not warranted unless a clear case of illegality or bad faith is established on the part of the bank authorities.”
This section empowers financial institutions to recover dues by enforcing security interests if a borrower fails to repay within 60 days after receiving a demand notice under Section 13(2).
The petitioner argued that the bank did not respond to their objection filed under Section 13(3A) before initiating recovery action under Section 13(4). However, upon reviewing the documents submitted, the court found that the bank had issued an order addressing the objection and attempted to serve it via post. Though delivery to two of the petitioners was unsuccessful due to the premises being locked, the court acknowledged that proper service to one petitioner may not have occurred. Despite this, the petitioners had received the Section 13(4) notice and had subsequently challenged it before the Debts Recovery Tribunal (DRT).
The High Court pointed out that the petitioners initially failed to inform the court that they had already approached the DRT. This fact only came to light through a supplementary affidavit filed later. The court observed that since the petitioners had already sought remedy before the DRT, pursuing the same grievance through a writ petition constituted a case of attempting to “sail in two boats.”
“The existence of an order under Section 13(3A), the efforts made to deliver it, and the petitioners’ acknowledgment of the Section 13(4) notice suggest that they had the opportunity to raise their concerns before the appropriate forum. Having done so, they cannot now bypass that process by invoking the writ jurisdiction of this Court,” the bench observed.
The court further highlighted that the petitioners had already raised the same objections regarding Section 13(3A) in their application before the DRT, rendering their writ plea redundant.
Reaffirming the precedent set by the Supreme Court in Satyawati Tondon, the High Court stressed that although the Constitution allows for writ petitions even where alternate remedies exist, such discretion should be exercised sparingly when an effective statutory mechanism is available.
With no evidence of mala fide conduct by the bank and considering that the asset sale had already occurred, the court found no reason to intervene. Consequently, the writ petition was dismissed.
The division bench, comprising Justice Shekhar B. Saraf and Justice Dr. Yogendra Kumar Srivastava, cited the Supreme Court’s ruling in United Bank of India vs. Satyawati Tondon & Others to support its stance. The bench noted, “Interference by this Court in SARFAESI-related issues is not warranted unless a clear case of illegality or bad faith is established on the part of the bank authorities.”
This section empowers financial institutions to recover dues by enforcing security interests if a borrower fails to repay within 60 days after receiving a demand notice under Section 13(2).
The petitioner argued that the bank did not respond to their objection filed under Section 13(3A) before initiating recovery action under Section 13(4). However, upon reviewing the documents submitted, the court found that the bank had issued an order addressing the objection and attempted to serve it via post. Though delivery to two of the petitioners was unsuccessful due to the premises being locked, the court acknowledged that proper service to one petitioner may not have occurred. Despite this, the petitioners had received the Section 13(4) notice and had subsequently challenged it before the Debts Recovery Tribunal (DRT).
The High Court pointed out that the petitioners initially failed to inform the court that they had already approached the DRT. This fact only came to light through a supplementary affidavit filed later. The court observed that since the petitioners had already sought remedy before the DRT, pursuing the same grievance through a writ petition constituted a case of attempting to “sail in two boats.”
“The existence of an order under Section 13(3A), the efforts made to deliver it, and the petitioners’ acknowledgment of the Section 13(4) notice suggest that they had the opportunity to raise their concerns before the appropriate forum. Having done so, they cannot now bypass that process by invoking the writ jurisdiction of this Court,” the bench observed.
The court further highlighted that the petitioners had already raised the same objections regarding Section 13(3A) in their application before the DRT, rendering their writ plea redundant.
Reaffirming the precedent set by the Supreme Court in Satyawati Tondon, the High Court stressed that although the Constitution allows for writ petitions even where alternate remedies exist, such discretion should be exercised sparingly when an effective statutory mechanism is available.
With no evidence of mala fide conduct by the bank and considering that the asset sale had already occurred, the court found no reason to intervene. Consequently, the writ petition was dismissed.
India Sees 310% Rise in Patent Filings by Startups and MSMEs in Last Five Years
India has witnessed an extraordinary increase in patent filings by startups and micro, small, and medium enterprises (MSMEs), with data revealing a 310% growth over the past five years. This surge underscores the country’s growing focus on innovation, research, and intellectual property protection among emerging businesses.
According to recent government and industry data, this dramatic rise in patent activity reflects the effectiveness of initiatives aimed at nurturing a robust innovation ecosystem. Supportive policies, such as reduced filing fees, fast-track examination processes, and government-backed awareness programs, have played a critical role in encouraging smaller enterprises and startups to safeguard their inventions.
Experts believe that the increasing participation of startups and MSMEs in patenting not only signals a maturing entrepreneurial landscape but also positions India as a rising innovation hub on the global stage.
Government officials have noted that this trend aligns with the vision of making India self-reliant and technology-driven. The growing number of intellectual property filings by smaller players is also contributing to job creation, export potential, and overall economic growth.
The momentum is expected to continue as more early-stage ventures recognize the strategic value of protecting their intellectual property, particularly in sectors such as artificial intelligence, healthcare, clean energy, and digital technologies.
According to recent government and industry data, this dramatic rise in patent activity reflects the effectiveness of initiatives aimed at nurturing a robust innovation ecosystem. Supportive policies, such as reduced filing fees, fast-track examination processes, and government-backed awareness programs, have played a critical role in encouraging smaller enterprises and startups to safeguard their inventions.
Experts believe that the increasing participation of startups and MSMEs in patenting not only signals a maturing entrepreneurial landscape but also positions India as a rising innovation hub on the global stage.
Government officials have noted that this trend aligns with the vision of making India self-reliant and technology-driven. The growing number of intellectual property filings by smaller players is also contributing to job creation, export potential, and overall economic growth.
The momentum is expected to continue as more early-stage ventures recognize the strategic value of protecting their intellectual property, particularly in sectors such as artificial intelligence, healthcare, clean energy, and digital technologies.
India Strengthens Its Global Standing in AI and Patent Innovation: Nasscom’s Patent Pulse 2025 Report
As World Intellectual Property (IP) Day is observed globally, India has emerged as a prominent player in the international innovation ecosystem.
India maintained its rank as the fifth-largest patent filer worldwide in FY24, with over 90,000 patents submitted—a milestone marking seven consecutive years of growth. A notable portion of these patents, more than 25%, are linked to AI technologies, underlining India’s growing reputation as a center for advanced technological development.
The report also reveals a steady rise in the country’s innovation output. India’s patent-to-GDP ratio more than doubled in a decade, increasing from 144 in 2013 to 381 in 2023. Additionally, India’s share in global patent grants grew from 1.7% in 2022 to 3.8% in 2023—a 149% year-on-year increase.
For the first time, the number of granted patents in India crossed 100,000 in FY24, indicating both enhanced operational efficiency at the Indian Patent Office and an improvement in the quality of applications. A growing share of these filings—over 55%—were submitted by Indian residents, compared to 52.3% the previous year. Contributions from startups, academic institutions, and small and medium enterprises (SMEs) are playing an increasingly vital role, showing a broadening base of innovation.
Artificial Intelligence remains a major driver of this progress. Since 2010, India has filed more than 86,000 AI-related patents, with filings between 2021 and 2025 rising seven times compared to the 2010–2015 period. Indian entities were responsible for 63% of these filings, signaling strong domestic innovation leadership in AI.
Machine Learning (ML) continues to dominate AI-related patents, accounting for over half of them. Within ML, Generative AI (GenAI) has become a significant focus area. In India, GenAI makes up 28% of AI patents, far exceeding the global average of just 6%, placing the country among the top five globally in this space.
Key sectors driving AI patent activity include transportation, which accounts for more than 70% of AI filings, as well as computer vision and natural language processing, which together represent over 90% of India’s AI-related patents.
India’s grant rate for AI patents stands at only 0.37%, significantly behind global leaders such as the United States and China. The gap is even wider in academia, where the approval rate is just 1%, compared to 40% for corporate applicants.
This gap reflects the need for improved research capabilities, stronger institutional support, and a greater emphasis on producing high-quality intellectual property.
Rajesh Nambiar, President of Nasscom, recognized India’s progress but emphasized that more work is needed. “While the increase in filings and patent office responsiveness are encouraging, delays in approvals and inconsistent patent quality remain barriers to matching global benchmarks,” he stated.
To support ongoing improvements, Nasscom has introduced the IP Enablement Initiative. This program aims to boost IP literacy and infrastructure across academia, startups, and industry. It also calls for policy reforms and a cultural shift to encourage innovation and higher-quality IP creation nationwide.
India maintained its rank as the fifth-largest patent filer worldwide in FY24, with over 90,000 patents submitted—a milestone marking seven consecutive years of growth. A notable portion of these patents, more than 25%, are linked to AI technologies, underlining India’s growing reputation as a center for advanced technological development.
The report also reveals a steady rise in the country’s innovation output. India’s patent-to-GDP ratio more than doubled in a decade, increasing from 144 in 2013 to 381 in 2023. Additionally, India’s share in global patent grants grew from 1.7% in 2022 to 3.8% in 2023—a 149% year-on-year increase.
For the first time, the number of granted patents in India crossed 100,000 in FY24, indicating both enhanced operational efficiency at the Indian Patent Office and an improvement in the quality of applications. A growing share of these filings—over 55%—were submitted by Indian residents, compared to 52.3% the previous year. Contributions from startups, academic institutions, and small and medium enterprises (SMEs) are playing an increasingly vital role, showing a broadening base of innovation.
Artificial Intelligence remains a major driver of this progress. Since 2010, India has filed more than 86,000 AI-related patents, with filings between 2021 and 2025 rising seven times compared to the 2010–2015 period. Indian entities were responsible for 63% of these filings, signaling strong domestic innovation leadership in AI.
Machine Learning (ML) continues to dominate AI-related patents, accounting for over half of them. Within ML, Generative AI (GenAI) has become a significant focus area. In India, GenAI makes up 28% of AI patents, far exceeding the global average of just 6%, placing the country among the top five globally in this space.
Key sectors driving AI patent activity include transportation, which accounts for more than 70% of AI filings, as well as computer vision and natural language processing, which together represent over 90% of India’s AI-related patents.
India’s grant rate for AI patents stands at only 0.37%, significantly behind global leaders such as the United States and China. The gap is even wider in academia, where the approval rate is just 1%, compared to 40% for corporate applicants.
This gap reflects the need for improved research capabilities, stronger institutional support, and a greater emphasis on producing high-quality intellectual property.
Rajesh Nambiar, President of Nasscom, recognized India’s progress but emphasized that more work is needed. “While the increase in filings and patent office responsiveness are encouraging, delays in approvals and inconsistent patent quality remain barriers to matching global benchmarks,” he stated.
To support ongoing improvements, Nasscom has introduced the IP Enablement Initiative. This program aims to boost IP literacy and infrastructure across academia, startups, and industry. It also calls for policy reforms and a cultural shift to encourage innovation and higher-quality IP creation nationwide.