India Chapter of Global Patent GO——Introduction to Indian Patent Application

India – An Ancient Civilization with Unlimited Opportunities

India is one of the four ancient civilizations in the world. Created the Indus Valley Civilization between 2500 and 1500 BC. In 1950, the Republic of India was established as a member of the Commonwealth of Nations. As the largest country in South Asia and the second most populous country in the world, India has a vast territory and a superior geographical location, radiating markets in the Middle East, East Africa, South Asia and Southeast Asia. India has the world's largest youth population and is the world's largest supplier of university graduates. India is rich in natural resources, the output of mica is the first in the world, and the output of coal and barite is the third in the world. The political situation in India is relatively stable, the society is democratic, and the social security situation is generally good. India began to implement economic reforms in 1991, and its economic development has a good foundation. It is expected that the economy will maintain stable and rapid growth for a long time. According to the forecast of the International Monetary Fund (IMF), by 2025, India's share in the world economy is expected to reach 7.1%. According to the McKinsey Global Institute, in the next 30 years, more than 350 million Indians will move to cities, and India's infrastructure plan investment will exceed 150 million US dollars. India has been among the fastest growing economies in the world for many years in a row. India's pharmaceutical industry ranks second in the world, and biomedicine is the leader in India's pharmaceutical industry. India is a global hub for the generic drug market, with a pharmaceutical industry worth over $20 billion. As a hot investment country, India's development environment, development needs and development heat index are all in the forefront of countries along the "Belt and Road".

As far as China is concerned, China is currently India's largest trading partner, and India is China's largest trading partner in South Asia. As of the end of 2019, the stock of direct investment by Chinese companies in India was US$3.61 billion. At present, Chinese companies such as Alibaba, Tencent, Xiaomi, VIVO, OPPO, Fosun Pharma, Shanghai Automobile, Haier, Huawei, TBEA, Tsingshan Iron and Steel, Sany Heavy Industry and other companies have invested heavily in India. The main investment areas include e-commerce, mobile phones, telecommunications equipment, household appliances, power equipment, steel, construction machinery and other fields.

India is a member of the World Intellectual Property Organization and joined the Paris Convention for the Protection of Industrial Property on December 7, 1998. In India, the authority in charge of matters such as patents, designs, trademarks and geographical indications is the Directorate General of Patents, Designs and Trademarks of India, while the copyright management department is the Indian Copyright Office and the Copyright Commission. In the country's intellectual property management system, it also includes the Indian Intellectual Property Appeal Committee, the Indian Police Department, and civil industry management societies. India's intellectual property judicial system is mainly composed of the Supreme Court of India and the high courts of each state and territory, and also includes specialized courts such as the Intellectual Property Appellate Board. Today we will start with the patent system to understand the general situation of intellectual property rights in India.

Features of Indian patents

1. The IPO accepts English application documents, so there is no need to translate them into the national language when applying for a patent in India, which greatly reduces the total cost of filing in India.

2. The compulsory licensing system of Indian patents and even the revocation of patent rights have enough deterrent power to prevent a large number of companies from seeking monopoly profits, benefiting a large number of patients, and at the same time making the cost of seeking patent protection relatively low.

3. After Chinese companies apply for patents in India, they should try their best to open local factories in India, implement the patents locally in India as soon as possible, and avoid the enforcement or even revocation of patent rights by the Indian government.

Friendliness to Chinese applicants:

★★★

Gold content of patent rights:

★★★

The degree of perfection of the rights protection mechanism:

★★