Indian Patents in Biotechnology






Patenting activity in India in the area of biotechnology (BT) is captured in this section. Data from the Indian Patent Office (IPO) journal formed the base for a descriptive analysis of patenting in Biotechnology during 2001-07. The data of patents published are identified to be falling under Biotechnology using the 1PC codes, which were selected by OECD in 2004. The data for 2004 was not available in the database referred above and hence not included in the present analysis. 

Number of domestic patents in Biotechnology has increased from 126 during 2001-03 to 181 during 2005-07. The BT patents by domestic applications were more (~ 3 times) than patents by foreign applicants during 2001-03. The trend reversed during 2005-07 when BT patents by Indians formed only 12 of all the patents.
Of the total patents, 77% come from the private applicants, while public research institutions contribute a mere 19%. Remaining 4% patents are applied for by individuals and nonprofit organizations. The countries that contribute in a big way, together, have a share of 80% of all patents published in BT during the period under study. Of these top five countries (USA, India, Germany, UK and Denmark) have 73% contribution. When the contributions from Switzerland and the Netherlands are added to the contribution by the top five countries, 81% of patents in BT are covered.

During 2001-07 the largest and most consistent contributor from India is CSIR. The trend of Indian applicants is presented in Figure 4. There is an increase in the number of applicants from India in this period. Increased interest of Indian companies in going for patents becomes evident when figures for 2005-07 are compared to those for 2001-03.

Codes based distribution of patents published during 2001-07 shows that there is an increase in the number of patents that come under the IPC codes A61K. The codes C07K, C12Q have made significant and consistent appearance in the period 2005-07. This would mean that production related patents have increased in 2005-07. This corroborates with the observation that during this period more private industry applicants have applied for patents with Indian patent office (IPO).

Based on the major codes of IPC relevant for Biotechnology (The list and description is available in Annexure) we find that the focus is more in A61k, C07k, C12N and C12Q. There is a slight shift in the focus from 90’s during 2000’s. A61K which was very prominent and the only specialization of focus during the 90’s became less prominent during 2000 and its place was occupied by C12N, C12Q and C07K (figure 5) [The data for 90’s is taken from earlier study of NISTADS].



Focus in terms of application in various areas like agriculture, industrial enzymes, healthcare and environment during 90’s and 2000 has shown that environmental BT patents (C20F) are very few and the importance given has not changed in the two periods. Health care BT patents, indicated by A61K, C07K, C12N, C12Q, G01N have been in focus. Though there is a change in their performance between them and during 90’s and 2000’s-prominence of codes C12N, C12, C12M, C12S indicate focus on Industrial BT involving enzymes. Of these C12S could also indicate healthcare related products; focus on this area has also increased nominally.  The codes indicating AO1H (Agriculture process of obtaining new plants and modifying genotypes) have not increased from the 90’s.

From this trend it appears, Indian institutions as well as foreign applicants feel that there is a larger opportunity for health care BT related patents to be worked in India compared to industrial BT or Agri-biotechnology. Environmental Biotechnology does not seem to be in focus for applicants from India or abroad.

Patenting activity in India in BT has increased since the 90’s and significant increase in the number of patents has been observed during 2005-07. Patenting activity by a number of countries from outside India plays a dominant role, accounting for ~70% of BT patents. Then there is an increase in patent activity by Indian private sector as well. Significant increase in number of institutions, both private and public, from foreign countries has also been observed. The focus of patenting activity seems to be healthcare, followed by Industrial enzymes. Low level patenting activity is observed in the area of agriculture and environment.

Ref: http://www.nistads.res.in/indiasnt2008/t5output/t5out12.htm