India?s patent system rewards incremental inventions rather sparingly, but the policymakers here now wants to introduce an IPR regime for the ?jugaad? technologies, in an apparent bid to enable SMEs to have a limited period of market exclusivity for their low-end creative solutions. If the proposals in a discussion paper released by the department of industrial policy and promotion (DIPP) fructify, innovations like onion seed transplanter, mitticool (clay refrigerator), gas stove switch, electric/telephone pole climber or ribbed pan (tawa) could get patent protection as ?utility models.?
The patent period for these would, however, be 7-10 years as against 20 years protection given for inventions that satisfy the specified criteria under the Indian Patents Act. If patenting for utility models are introduced, India would join the group of 55 countries including China, Japan and Germany etc. which already are practicing such protection measures.
The paper puts forth arguments favouring “these minor technical inventions which frugally use local resources in a sustainable manner need to be encouraged by providing a legal framework for there protection and commercial exploitation.”
Apart from this, the paper also adds the international recognition of the utility model framework in international treaties and conventions relating to intellectual property.
It further goes on arguing that developing countries should adopt such a utility model framework as it would encourage innovators by securing protection for innovations which are unable to meet the patent threshold requirements.
“It will augment the role of small scale innovators and artisans in economic development and help them to stay in the business with the advance of new technology,” it said adding the proposed regime would provide a cheaper source of protection than patents.
Patent protection of utility models has not been specifically mandated in the WTO’s TRIPS Agreement but each country has freedom to limit the scope of protection depending upon its national priorities.
The discussion paper has raised questions like does India need a Utility Model Law, what should be the scope of protection of such a law, should it be restricted to mechanical devices, what novelty criteria should be adopted and what should be the nature of linkages between this law and the existing Patents Act?
Comments on the discussion paper can be filed by the general public till June 30.
“The Department hopes to generate informed discussion on the subject, so as to enable the Government to take an appropriate policy decision at the appropriate time,” the paper said.
As per the Patents Act, an invention can be patented if it satisfies the criteria of newness, inventive step, and industrial use. But the Act’s section 3(d) restricts the patentability for ?incremental inventions? in pharmaceuticals by stipulating that they could be patented on proof of substantial improvement in efficacy over the existing products.
