Intellectual property in India: Growth in filings, gaps in outcomes

rise in intellectual property filings
India’s intellectual property filings are rising fast, but enforcement and quality gaps persist mar commercialisation and ownership.

The World Intellectual Property Organisation marks World Intellectual Property Day on April 26 to underline how patents, copyrights, trademarks and designs shape economic activity and everyday life. Intellectual property is the output of human intellect with economic value. It spans inventions, books, music, films, designs and software. Protection allows creators to appropriate returns from knowledge, skill and research.

IP rights cover patents, copyrights, trademarks, industrial designs, trade secrets and geographical indications (GI). A patent protects a new, useful and non-obvious invention. It grants exclusive rights for a limited period. Copyright applies to literary, artistic and software works. A trademark distinguishes goods or services. Industrial design protects product appearance. Trade secrets cover confidential business information. GI tags identify products linked to regions, such as Darjeeling tea.

rise in intellectual property filings

The duration varies. Patents run for 20 years. Copyright extends to the author’s lifetime plus 60 years. Trademarks are valid for 10 years and renewable. GI tags follow a similar 10-year renewable cycle. Designs receive 10 years of protection, extendable. India’s IP regime was shaped by the Patents Act, 1970, which balanced innovation incentives with public interest through provisions such as compulsory licensing. The shift came after the World Trade Organisation was established in 1995 and the TRIPS agreement linked IP protection with global trade rules.

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Patent filings and global position

Patent and copyright systems dominate the IP ecosystem. India now ranks among the top patent-filing countries globally. Asia leads in patent activity, with China accounting for the largest share.

India has seen sustained growth. Patent applications rose from about 110,000 in 2024-25 to over 140,000 in 2025-26. Over five years, total IP filings rose by roughly 44%, from about 4.8 lakh applications in 2020-21 to nearly 6.9 lakh in 2024-25.

The composition has shifted. Mechanical and chemical engineering once dominated. Computer science patents expanded from about 1% in 2000 to over 26% in 2023. Electrical engineering and biomedical filings also rose. Geographically, Tamil Nadu, Karnataka and Maharashtra account for more than half of patent filings.

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Enforcement and quality constraints

The rise in intellectual property filings does not settle the question of effectiveness. Enforcement remains uneven. Delays in litigation, limited damages, and capacity constraints in courts dilute the value of IP rights. Dedicated IP divisions in High Courts have improved timelines, but outcomes remain inconsistent.

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The quality of patents is also uneven. Filing growth has outpaced gains in high-value patents in deep technology sectors. A large share of applications originates from incremental innovation or academic filings with limited commercial application. Grant rates, citation impact, and commercial deployment remain the better indicators of technological strength.

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Ownership and commercialisation gaps

A significant share of intellectual property filings in India continues to come from non-resident applicants, particularly multinational corporations. India is an important filing jurisdiction, but this does not automatically translate into domestic technological capability.

The larger constraint lies in commercialisation. Technology transfer from universities to industry remains limited. Licensing markets are thin. Start-up ecosystems have improved, but conversion of patents into scalable products and exports is still weak.

Access barriers for MSMEs

The intellectual property system remains underused by small firms. Compliance costs, procedural complexity, and limited legal capacity deter MSMEs from filing or defending IP rights. This skews the system towards large firms and research institutions.

Policy interventions have focused on awareness and fee reductions, but uptake remains uneven across sectors and regions.

Trends across trademarks, designs and GI tags

Trademark registrations have expanded sharply since the 1990s. They now account for the bulk of industrial property filings. Patents and designs form smaller shares.

Copyright registrations have risen steadily, reflecting growth in media, publishing and software. GI registrations approached 700 by mid-2025, with Uttar Pradesh leading, followed by Tamil Nadu and Karnataka.

These trends reflect improvements in IP infrastructure. Digital filing systems, faster examination, and IP cells in universities have reduced transaction costs.

TRIPS flexibility and public interest

India’s IP framework continues to retain public policy safeguards within the TRIPS regime. Provisions such as compulsory licensing and restrictions on evergreening, including Section 3(d) of the Patents Act, have shaped access to medicines and pharmaceuticals.

These flexibilities remain central to India’s position in global IP negotiations, especially in sectors such as healthcare.

World Intellectual Property Day 2026

World IP Day 2026 adopts the theme “IP and Sports: Ready, Set, Innovate.” The focus is on how IP rights support innovation across the sports ecosystem. Sports generate economic and social returns. They create employment, support health outcomes and foster social cohesion. IP protection underpins this ecosystem by enabling investment in technology, content and branding.

India’s sports economy, estimated at about $50 billion, is expanding beyond cricket. Growth opportunities lie in sports technology, AI-driven analytics, wearables, and fan engagement platforms. Digital consumption is reshaping media and broadcasting models. Manufacturing of sports equipment, grassroots infrastructure and emerging leagues also offer scope for innovation. Health, nutrition and wellness sectors intersect with sports.

India’s rise in intellectual property filings signals structural change. Innovation is moving towards digital and knowledge-intensive sectors. Policy support, institutional capacity and industry participation have aligned to drive this shift.

The next phase depends on conversion. Stronger enforcement, higher-quality patents, deeper domestic ownership, and effective commercialisation will determine whether IP translates into sustained economic gains.

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Ravindran AM
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Dr Ravindran AM is an economist based in Kochi. He has more than three decades of academic and research experience with institutions such as CUSAT, Central University of Kerala, Cabinet Secretariat - New Delhi, and Directorate of Higher Education Pondicherry.