Why is the number of patents granted in India still a fraction compared to China and US, even though India's global position in innovations has been rising over the years ?

Examiner Shortage and Backlogs

With only 132 examiners in 2016-17 handling nearly 2 lakh pending applications, patent grants face delays over five years; recent recruitment of 450 examiners and expedited filings for residents aim to ease this.

Restrictive Patent Law

India’s Section 3(d) and pre/post-grant opposition provisions, exemplified in Novartis AG v. Union of India2 (2013), protect public interest but reduce patent grants compared to China’s permissive regime.

Low R&D Spending

India’s GERD at 0.65% GDP is far below China’s 2.68%3, with government-led R&D dominating and limited private sector commercialization, constraining patentable innovation.

Complex Filing Process

High costs and procedural hurdles deter startups and MSMEs, especially outside metros, limiting patent conversion despite a 50% rise in filings.

Emerging Domestic Innovation

Increasing patent applications from Indian residents show growth, but systemic delays hinder grant rates.

Policy Differences

China’s MIC 2025 and massive R&D funding accelerate patent grants, contrasting with India’s cautious, public-interest-focused patent regime.

Innovation Incentives

Patent delays reduce R&D investment and commercialization, affecting startups reliant on patent protection.

Global Competitiveness

Low patent grants limit India’s technological sovereignty in sectors like semiconductors and 6G, impacting initiatives like the Bharat 6G Alliance.